THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
EXTRACTS FROM THE RECORDS
OF THE BURGH OF EDINBURGH
1642 TO 1655
EXTRACTS
FROM
THE RECORDS OF
THE BURGH OF EDINBURGH
1642 TO 1655
EDITED BY
MARGUERITE WOOD
Ph.D., F.R.Hist.Soc, KEEPER OF THE BURGH RECORDS
^^^-^^0^-^:
Published for the Corporation of the City of Edinburgh by
OLIVER AND BOYD
EDINBURGH: TWEEDDALE COURT
LONDON: 98 GREAT RUSSELL STREET, W.C.
1938
PRINTED IN GREAT BRITAIN BY
OLIVER AND BOYD LTD., EDINBURGH
^^0
r^A4
Y.^
CONTENTS
Preface ......
PAGE
vii
Inthoduction ......
ix
Extracts from the Council Register
1
Appendices ......
. 399
Index .......
. 433
a2
PREFACE
This volume carries on the history of the City of Edinbm-gh to the year
1655. The Corporation, by authorising tliis continuation of Extracts
from their Records, are responsible for possibly the most important
contribution hitherto given to the public.
Though the volume covers only fourteen years, the period was eventful
in the history alike of Scotland and of the capital. The Extracts show
Edinburgh in relation to the wars resulting from the Solemn League and
Covenant, to Montrose's campaign, and to the period when the country
and capital lay under the dominance of the English.
Tliere is so much of importance in the Minutes of the Town Council
that it has been necessary to give many of these in full. Much also could
have been added in the way of appendices from unprinted sources in the
City's possession and in other places, illustrative of the text, but these have
had to be curtailed in favour of the Council narrative. It is hoped that
the Extracts from the Town Treasurer's Accounts, given in Appendix IX,
will show the importance to the City's history of these accounts, of which
few have been printed as yet.
The work has been done by Miss Marguerite Wood, Keeper of the
Burgh Records, who has given much attention to the elucidation of a
very difficult period and to the collection of illustrations and annotations
from some of the many available sources. The Corporation is indebted
to Miss Wood for this valuable and erudite service, to the performance of
which she has devoted herself with much assiduity.
The Idndness of Professor R. K. Hamiay, Historiographer Royal, in
reading proofs is gratefully acknowledged.
D. ROBERTSON,
Toimi Clerk.
City Chambers,
March 1938.
INTRODUCTION
More difficult years in the history of Scotland could hardly be found
than in the period between 1642 and 1655. Beginning with the Solemn
League and Covenant it ended with Scotland completely subjugated to
England. They were years of ahuost continuous warfare. The Scottish
army advanced into England as aUies of the Enghsh Parhament, to
enter that country twice later in support of monarchy. War was not
confined to England and the Annus Mirabilis of the Marquis of Montrose
almost put victory within the King's reach. The Engagement, that venture,
more forlorn and less single-hearted than that of Montrose, brought the
country to the verge of civil war. Scotland's recognition of Charles II
produced the invasion under CromweU, ending in the defeat of the Scots
army at Dimbar, wliile sporadic royahst resistance in the North was not
suppressed till 1654.
The military aspect of the period, though cUfficult and unsuccessful,
was less inglorious than the other aspects. Divided counsels in Church
and State produced rapid changes of policy and govermnent. The policy
of the Church, in its attempt to control national as well as ecclesiastical
affairs, resulted in defeat in the field and in a scliism which left a legacy
of bitterness. The nation, torn by these dissensions, gave up the unequal
sti-uggle and lay, oppressed by poverty, taxation and confiscations, sulleiily
resigned to a state of affairs against whicli they had neither leaders nor
remedy.
EDINBURGH AND NATIONAL AFFAIRS.
It was inevitable tliat the capital should be involved in the poUtics
of the period. Yet the part played by Eduibiu-gh was not so much active
as passive, without any preponderant voice m national affairs, as also
without the privileges and favours which the Town had enjoyed under
otlier ride. Under the Committee of Estates and the Commonwealth
favoiu-s were rare, while the wealth and importance of the capital were so
many good reasons for heavy demands ujion the Council and inliabitants.
In the beginning of 1642, Edinbiu-gh and the rest of Scotland enjoyed
an uneasy peace. The last visit of Charles I, cut short by the news of
the Irish rebellion, had left the nation unconvinced of Ms sincerity in
spite of concessions and a lavish bestowal of honoiirs. Over the Borders
X INTRODUCTION
the struggle between him and Iiis Parhanient was not far from open war.
On 4th February 1642 the Town Council noted with horror the Irish
rebellion and ordered collections on behalf of the refugees. ^ On 28th May
they appomted commissioners to join with other gentlemen and biirgesses
in a petition to the Privy Council.^ This petition protested against the
meeting of the " Incendiaries " m Edinbiu-gh and against any relations
with the King wliieh might lead to disputes with the Enghsh Parhament.
The persons known by tliis name were the Earl of Tracquair, Sir Robert
Spottiswood, Su' Jolui Hay, formerly Lord Provost, Dr Balcanquell and
the Bishop of Ross.* Their offence was stated as an attempt to prejudice
the King against the Covenanters. After much delay and a secret trial,
Tracquair had been found guilty. Hay, too, must have been condemned,
for he was to receive the King's pardon later m the year.
Apart from tliis the year passed quietly in Eduibiu-gh. It was not tiU
26th May 1643 that national affau-s were forced on the Council's notice
by the King's letter.* Charles, after alluding to the propaganda carried
on against him, invited the Coimcil to call their fellow biu-gesses and
remind them of the many favoiu-s the Town had received from liim. He
promised never to oppose the estabhshed ecclesiastical and civil government,
and expressed the hope that tliis promise would give such satisfaction
" that no such persons as studie division or goe about to weaken the
confidence betwix us and oiu" people and justhe deserve the name and
pmiishment of incendiaries sail be sheltered from the hand of justice."
It is doubtful whether the " incendiaries " of the letter were those who had
been tried. The epithet as used by the King may have referred to the
secret agents of the Enghsh Parhament who had been busy in Edinbiu-gh
during the past year.^ Charles may also have had in mind the commissioners
shortly to come from England to seek the help of the Scots. Civil war
had begun there with the battle of Edgehill in October 1642 and, so far,
the advantage lay mth the Royalists. Siioidd Scotland stand aside or
side with the King the advantage might be maintained. Hence the King's
attempt to sound the feelings of the capital. The attempt was vain. The
Council did summon " a great number of the honest neighbours," but
recorded no answer to the letter. For pubho opinion was on the side of
the Enghsh Parhament, not on that of a King beheved to be treating with
the Irish CathoHcs.
In the same month the Coimcil elected commissioners to the forth-
coming Convention of Estates.* This Convention was summoned without
the previous sanction of the King and, during its sitting, made the alliance
> P. 3 infra. * P. 8. ' Balfour's Annates, ii., p. 378. * P. 28.
'• Supplement to the Hamilton Papers (Hist. MSS. Com.), pp. 65-8. « P. 29.
INTRODUCTION xi
with the Englisli Parliament whicli Cliarles would fain liave averted.
Commissionei's from the Commons aiTived at Leith on 7th August, Sir Harry
Vane, younger. Sir WiLUam Armine and two others, accompanied by two
ministers, Mr Marshall and Mr PliiliiJ Nye, the former a Presbyterian, the
latter tainted with IndeiJendency and unwelcome in Scotland.
Negotiations for the aUiance did not run smootldy at first. The Scots
took advantage of the military situation to press their desu-e for a " reUgious
covenant," as opposed to the EngHsh desire for a " civill league." ^ On
17th August the Convention approved the draft of the Solemii League and
Covenant, which had been passed by the General Assembly. On
13th October, after the agreement of the English Parhament had been
received, the Covenant was sworn by the Estates and the Assembly in
Edinburgh.^ Thus England and Scotland were bound by a treaty,
impossible of fulfilment, which was to breed endless ill-feeling between the
nations and brmg disaster upon Scotland. By the will of the Estates
and the Assembly and of the Presbyterian majority in the Enghsh
Parliament, Presbyterianism was to be enforced on a country which, for
the most part, did not desire it. The Scots army was committed to action
in a country where they still were viewed more as invaders than allies, in
spite of the Union of the Crowns or the treaty. In Scotland the Church
and the party m power were enthusiastic for the alHance, and signature
of the new covenant was forced upon the nation. A mmority only hesitated
to assent to the part wlxicli concerned England.
So siu-e were the Estates of immediate consent to their terms that
they started before the EngHsh acceptance to raise an army and to levy
taxation for the pm-pose. In obedience to an act of the Convention of
18th August, Ediiabm-gh and its suburbs had to raise a regiment of 1200 men.
On 15th September the Council elected James Rae, a merchant, as Colonel.*
Some days later " being adverteised of the immuaent dainger tlu-ow the
neir appearance of the EngUsh to the borderis " they elected the rest of the
ofiicers, undertaking the responsibihty for then' pay, should the Estates fail
to do so. The following day they appointed a rendezvous of all fencible men
in Grejrfriars churchyard and for the men of Canongate, South and North
Leith and Pleasance elsewhere. ^ It is doubtful what Royahst movements
caused the alarm, but the Council beHeved in some danger, for at an afternoon
meeting on 4th October they elected the remaining officers and appointed
a committee to supervise the equipment of the regiment. In curious
contrast to these preparations is an act approving the accounts of the
banquet to Charles I in 1641,^ a remmder that hostUities were directed
ostensibly against the King's pohcy and advisers, not his person.
' BaiUie, Letters and Journals, ii., p. 90. ^ Ibid., p. 99. = P. 33. « P. 34. ' P. 36.
xii INTRODUCTION
There was delay in the departiire of the army. Not till December
did the Coimcil order another rendezvous of fencible persons, from
whom the fourth person was to be drawn by lot, to be equipped by the
remaining three. It was enacted also that any four persons might provide
a substitute at their own expense, an arrangement probably devised for
the cases of elderly men who would be unsuited for active service.^ Five
days later a new committee was appointed to help Colonel Rae to equip
the regiment.
Such preparations heralded the departure of the army, from wliich great
things were hoped by the Scots commissioners in London.^ They
appreciated that the balance of success still lay with the Royahsts and
hoped for a spectacular victory which would turn the scales in favour of
the Parhament, bring over waverers and stiU all miu-mm-s at expensive
and inconclusive hostihties. By 29th December the army was at the
Border. With it went a committee from the Estates of which the Marquis
of Argyle was one. On 19th January 1644 the army, more than 20,000
strong, began the crossing of Tweed. No serious opposition was met with
on the way to Newcastle where the army began a blockade wliich was to
last intermittently for months. With it was the Eduiburgh regiment.
The records show an order for the price of eight hundred pairs of shoes
for it in April and also the mention of a company for reinforcement.'
Some time passed before the army was engaged m any considerable action,
and the commissioners m London fretted that its usefulness in keeping
the Earl of Newcastle's army in check was not appreciated.* In the evening
of 2nd July was fought the battle of Marston Moor between the Royahsts
and the united Parhamentary and Scots armies. Opuiion was sharply
divided as to the responsibihty for the victory. The Scots claimed credit
for their share, while Cromwell, no lover of that nation, took to himself
and his troops " all the glory of that night." ^ It was not a situation likely
to sweeten relations between the allies. The Scots returned to the siege
of Newcastle, which smrendered on 19th October.
Meanwhile the attention of Scotland had been diverted from the war
in England to acute danger at home. At long last Charles I had sanctioned
the Earl of Montrose's expedition to Scotland and he, now Marquis and
the Kmg's Lieutenant General, was near Perth. He was joined by Alastair
Macdonald, called Colkitto, with 1600 men from Ireland, partly exiled
Macdonalds and Macleans. To this nucleus of an army came men from the
loyal clans. On 1st September Montrose won his first victory over the
Covenanting forces at Tippermuir. Alarm seized the Town Council of
Eduiburgh. On 2nd September, bemg " uiformed of the neir approaclung of
» P. 39. ^ BaiUie, ii., p. U3. ' Pp. 44, 45. * Baillie, ii., 167. ' Ibid., p. 203.
INTRODUCTION xiii
the eneraie towards this side of the Forth upon wliich they have thoght good
that the passage at SterUng should be keipit," they ordered the dispatch of
three companies to that place. ^ The plirasing seems to suggest that the
step was taken upon their own initiative, but it is more probable that an
order was sent from the Committee of Estates. If the sei-vices of the
companies were only for defence of Stirhng, these were not requii-ed.
Montrose had turned to attack Dimdee and, finding its capture beyond Iiis
powers, had moved north to recruit.
The terror of his presence remained. On 8th November the Council
showed their appreciation of the situation by the appouatment of a drill
master at a salary of 50 merks monthly.^ What qualifications for the
post John Tarbett " brodinster " ^ had must have been known to the Council.
Two days later, assisted by forty-foiu" neighbours, they appointed a special
committee to discuss means of defence in such calamitous times. They had
good reason for the moment. Fresh from further success, Montrose was
planning a descent on the Lowlands, while the army in England lay in
winter quarters. But the plan did not matvire and the Kmg's Lieutenant
General tiirned westward to deal with Argyle and the Campbells.
The next alarm foimd the city a prey to the pestilence. The epidemic
lasted with more or less intensity from the beginiung of 1645 to the spring
of the following year. In spite of this the magistrates on 9th March 1645
found it needful that the nightly watch slioidd be kept by a whole company
and that all the companies should parade for ch'ill.* Tliis precaution was
made necessary by the mihtary situation. In the beginning of February
Montrose had defeated Argyle at Inverlocliy. The repercussion of the
battle had been far-reacliing. The Earl of Leven had become reluctant
to march south from Carhsle as the English ParUament desired. The
Church called upon the Estates to execute Montrose's friends, imprisoned in
the Tolbooth of Edinburgh. The Estates, wliile commending tlie zeal of the
Church, felt that it was not the moment to rouse the anger of the victorious
rebel. The prevalent anxiety is shown in two acts of the Council. One,
of 29th March, ordered the repair of the Town wall.* The other, of
9th May, rearranged the Town companies, which from eight became
sixteen.'
On 20th June the Council received commission from the Committee of
Estates to try certain prisoners guilty of attemptmg escape from the
Tolbooth.' The men were imprisoned Royalists, for the most part personal
friends of Montrose. That the commission apparently was never carried
out is not surprising. The situation was not safe enough to risk the
' p. 51 and Appendix I. ^ P. 55. ' i.e. Embroiderer.
♦ P. 64. * P. 65. « P. 68. ' P. 70 and Appendix II.
xiv INTRODUCTION
possibility of reprisals. According to the preamble of an act of 16th July the
enemy was " exceicling insolent. "^ That was true, for Montrose had recently
defeated General BaiUie at Alford. It could not yet be appreciated that
the battle of Naseby on 14th Jmie had been a decisive blow to the King's
cause and that the capitulation of Carlisle on 28th Jime had set free David
LesUe's army for service where it might be most required. The real effect
of these blows to the Royalists lay in the future. Meanwhile, in the begimung
of August, Montrose was active near the Ocliils. The femt of an attack
on the Parhament at Perth had alarmed that assembly in spite of their
guard of infantry and cavalry. So it is not siu-prising that the Comicil
on 13th August raised a watch of a hiuidi-ed men.^ This time theii- fears
had greater foimdation for on 15th Augiist Montrose destroyed the
Covenanting army at Kilsyth. The Lowlands lay unprotected before him
and many nobles hastened to him to protest their loyalty and desire to
help the King. At the earhest opportimity he sent envoys to Edinburgh
to demand the release of his friends and followers. This the Coimcil were
obhged to grant. ^ It was an action they would have prefen-ed to remain
luiclu-onicled. The act regarding it is not entered in the records till 24th and
30th September, by which time the fairy gold of the victory had vanished.
Montrose's defeat at PhihiJhaugh on 13th September by David Leshe had
left liim a fugitive ■without an army.
The dread he had inspired found its reaction in a frenzy of revenge
against the surrendered remnant of liis forces and his captured supporters
in wliich Church and State joined hands. Even the Town Comicil of
Edinburgh were called to account for their release of the prisoners. It
was to exculpate themselves that they produced the acts concerning the
affair. In their own eyes they needed no justification. By jrielding to
the Marquis's demand they had preserved the Town with its wealth for
better uses and by treating with liun they had gained tmie for Leslie's
advance and his "glorious victorie " over forces which he outnumbered
by at least four to one. The Comicil also took pains to point out that
they had appealed vainly to the Committee of Estates and others for forces
for defence and had been refused, pointing out that the pestilence had
left the Town and the Castle almost destitute of defenders. Plausible as
the excuse soiuids, it was not enough to exculpate the Comicil in the eyes
of the Estates and the Church, Wlien ParUament met at St Andrews,
the Provost and another councillor attended as commissioners.* In the
records of that Parliament their names were omitted fi-om the Ust of
commissioners for the burghs and the omission was intentional. On
1st December a parliamentary committee was appointed to examine the
» P. 71. 2 p, 73. s Pp. 73.6. 4 p. 78.
INTRODUCTION xv
conduct of the commissioners of Edinburgh and Linhthgow before they could
be allowed to sit and vote, the latter burgh, lilce Edinbm-gh, having released
Royahst prisoners on the demand of Montrose. A week later it was enacted
that the magistrates of Edinbm-gh should be tried by Parliament. i On
12th December the Council ordered that their Coimcil book should be taken
to the Provost at St Andrews, ^ whence it was returned on 31st December.
As the Acts of Parliament record no judgment against the magistrates,
it may be assumed that then* explanation was accepted. The records for
the following months have no mention of the political situation. Only, the
Treasurers' Accoimts note the execution of two of Colkitto's commanders,
O'Cahan and Lachlan, hanged at the Castle Hill. The accomits aUude
to them merely as " tuo earisch commanders."
On 6th March 1646 the Comicil were engaged m filling the vacant
Clerkship once held by Sir Jolua Hay.^ Some denunciation of liim as a
RoyaUst might have been expected, for he had been with Montrose at
Philiphaugh, had been captiu-ed and, fortmiate in escaping with his Hfe,
had been fined £500 sterling, a sum paid by one of liis sons in November
1645.* The Council, however, contented themselves with statmg that
Sir Jolm had been " of long tyme preferred to ane place of higher degrie "
and had deserted his office.
Not till the middle of July is there any further mention of national
affairs except an act aiithorising a payment for shoes for then" regiment
with the army in England,^ and another calculating the money due to the
Town by the Estates.* Elsewhere events were moving to a crisis. The
Kmg's cause in England was desperate and so early as January 1646 there
were rumours in London that Charles might go to the Scots army. The
idea was not pleasing to the Scots commissioners, for the condition of the
army was far from satisfactory. Its pay was in arrears and it was suffering
from a relaxation of discipluie consequent on the long campaign. On
5th May the King rode into the Scots camp before Newax'k. His advent
was imwelcome to the Soots who denied that they had given him any
specific guarantees, although it appears that he had acted upon words
which could be construed into a promise of safety. One thing was gained
by the possession of Ins person, the disbandment of the Royalist forces in
Scotland, still a potential danger. The terms offered and accepted were
not unduly harsh, and on 3rd September Montrose took ship for Bergen.
For the months during wliich Charles remained with the Scots, he
was engaged in negotiations with them and the Enghsli Parliament which,
given the King's refusal to acknowledge the Covenants, were bound
» Acts of the Parliament of Scotland, vi. (1), pp. 478, 502. ^ p. 79 3 p. 33.
* Proceedings of the Committee of Estates (MSS., Register House). ' P. 91. « P. 95.
xvi INTRODUCTION
to be fruitless. With the King's surrender and the cessation of hostiUties,
the presence of the army in England, never popular, became an intrusion.
The treaty wliich bound the aUies was never likely to be implemented, since
the Enghsh army was opposed almost equally to Presbyterianism and the
Kmg. In Jmie the Enghsh Parhament sent proposals to Charles, known
as the Propositions of Newcastle, comprising terms for both England and
Scotland and mcluding the ratification of the Solemn League and Covenant.^
These, it was hoj^ed, might form the basis of a settlement. In obedience
to a letter from their ministers, the Town Comacil on 15th July prepared
a petition to be sent to the King for settling rehgion and peace in his
kingdoms and for strengtheiung the imion between the nations, ui imitation
of the city of London.^ Unfortimately for all parties, their ideas of a
desirable settlement were irreconcilable, and, without some settlement,
the presence of the Kmg in Scotland could only be a source of dispeace.
While the governing party was strong, there were others, apart from the
Royalists, whose loyalty to the Covenants was based on expediency, not
on conviction. Charles knew and hoped too much from this,^ for a motive
was yet lacking to weld those opposed to Argyle and his party into cohesion.
That motive was to be supplied at no distant date.
By the middle of August a rumour was current that the Scots and the
Enghsh Parhament were considermg some agreement for the sm'render
of the Kmg.* Charles himself knew of it, but discomited it too readily,
and beheved that, were he allowed to go to London, he might profit by the
differences between the negotiatmg parties.^ But his proposal that he
should meet them there and discuss the propositions, even had it been
wholly sincere, would not have eased the situation. By 8th December
the terms of a settlement were almost assuced. This was to include payment
of the an-ears due to the Scottish army after their evacuation of the towns
occupied by them, £10,000 sterhng at NorthaUerton and a similar sum at
Newcastle. The negotiations were complete by the beginning of January
1647. On 3rd February, Charles was conducted to Hohnby House.
Diu-ing these months there was httle trouble in the Scottish Lowlands.
The Highlands, however, were not wholly peacefid. On 4th September
the TowTi Comicil received a demand from the Committee of Estates for
£1000 sterling for the mamtenance of the garrisons at Blair Atholl and
Inverness.^ It was suggested that the money shoidd be foimd from the
excise of Edinburgh, granted to the Towti in payment of the Estates' debt.'
The Council protested the unpossibihty of iinding so large a simi and were
threatened with responsibihty for any risk due to the disbanding of the
1 Petrie, Letters and Speeches oj Charles I., pp. 183-99. - Pp. 95, 96. « Petrie, p. 182.
* Ibid., p. 204. <■ Ibid., pp. 211-2. • P. 99. ' P. 63 and note.
INTRODUCTION xrii
garrisons. Finally a compromise was reached by which the Estates declared
that, if the Council woixld produce within a fortnight 6000" they would be
excused the rest. To that the Comicil had to agree.
On 23rd Sejitember annoyance of another Idnd came upon them.^
One of their own ministers presented an act of the Committee of Estates
forbidding them to elect any as magistrates or councillors guilty of
" complyance " with the rebels. It was the aftermath of the release of
the Royahst prisoners. To tliis was joined an act of the Commission of
the General Assembly ordering all presbyteries and ministers to give in lists
of such " complyers " that obedience might be rendered to the act of the
Committee. Tliis intimated that the censures of the Church would be
eirforced against any " complyers " accepting office. In former tmies the
Council mvariably protested against any mterference with their freedom
of election. Under existing circumstances it would have been unwise
as well as useless, for Su' Jolui Smith, the retirmg Provost, was on the
pomt of doing penance for his deahngs with " malignants." ^ Still, in
spite of these acts, all the magistrates of the past year were members of
the new comicil.^
It was not tUl 12th February 1647 that national affairs were noticed
again. Even then the surrender of the King was not commented upon.
The act refers to another demand for money. The Estates asked 60001*
for the upkeep of one of the regiments not disbanded with the i-est of the
army,* promising repayment from the Town's own maintenance and from
other soiu"ces. The money was obtained only by borrowing from the
jiresent and old baihes. A fiu-ther demand was made not two months later,
when the Committee of Estates reqiured 15,5221' for the gratuity voted to
David Leshe as reward for his services at Pliiliphaugh. This was coupled,
however, with the remission of the Town's maintenance for the months
of the pestilence.^ On 15th September is recorded the payment of £50
sterhng to two ministers " for the use of the widdowes of lame and killed
souldiers." ® Since these must have belonged to the Town's regunent,
it is regi'ettable that there is no hint of the number of casualties.
On 29th October there was recorded a jDayment for the expenses of
M. de Montreuil, with the note that he had been acbuitted burgess.' The
admission is not in the Gild Book, possibly because the French agent had
incun-ed the displeasure of the Commission of Assembly by celebration of
the mass in his Edinbiirgh lodging.^ In the beginning of 1648 Wilham
Murray, gentleman of the King's bedchamber, was made burgess and
1 P. 102.
' Proceedings of the Commission of Assembly, ii., pp. 71, 74 and pp. 6, 7 supra.
' P. 103. * P. 109. s P. 116. « P. 131. ' P. 134. » Proceedings, i., p. 369.
b
xviii INTRODUCTION
gild brother and entertained by the Council.^ His presence in Edinburgh
was due to the movement for assistance to Charles, which took shape as
the Engagement.
Tlie siui-ender of the King to the EngUsh Parliament had served only
to accentuate the difficulty of the political situation in England. The
withdrawal of the Scots army had mifortunate results for the slender
Presbyterian majority in the Commons. The army, under Fairfax and
Cromwell, was strongly Independent and was roused to action by the
Commons' attempt to chsband them without considering their grievances.
A iimiom* that the King might be sent to Scotland precipitated that action.
On 4th June the King was seized by a force acting imder Cromwell's orders.
From that the army passed to the ehmination of the Presbyterian element
in the Commons by the expulsion of eleven members. Before these
occurrences the Enghsh Presbyterians in their dread of the army had looked
again towards the Scottish aUiance. In May 1647, after the army's refusal
to disband, negotiations had been resmned Avitli the Kmg on the basis of
the Propositions of Newcastle by the Presbyterians in Parhament and
the Scots commissioners m London. These offered to dispense with liis
taking the Covenants if he woxdd establish Presbj'tery for three years and
leave the control of the miUtia to Parhament for ten years. The seizure
of the King by the army roused such mdignation that even Argyle offered
to rescue liim by force. This offer was not accepted by Charles who, at
that tune, hoped for terms from the army less exacting in point of reUgion.
The " Heads of Proposals " offered by the army m July indeed did not
exclude the possibihty of a hniited episcopacy. The King, however,
refrained from closing with any proposals, in the hope of a popidar movement
for his restoration wliich would permit Ms own terms. His flight to
Carisbrooke Castle in November marked the failure of his hopes, due to the
exasperation of the army at his delays. It was there that he came to terms
with the Scottish commissioners, the Earls of Loudoun, Lanark and
Lauderdale on 26tli December m the Engagement. By tliis he undertook
to confirm the Solemn League and Covenant, provided that none should
be constrained to take it, and to estabhsh Presbji:erianism in England for
tliree years, reserving hberty to liimself and his household to use the " form
of Divine worship he has formerly practised." He agreed to the suppression
of Independency and other sects, to the confirmation of the acts of the
recent Scots Parliament, to an act of obhvion, to assistance for a Scots
invading army, and to the plan for a complete miion of the kingdoms
with freedom of trade " according to the intent of liis father."
Unfortunately for the treaty the commissioners had not behind them
> P. 142.
INTRODUCTION xix
a united Scotland.^ Argyle, after the rejection of his offer, had g^o^vn cool
on the subject of an invasion. The leadership of the new movement was
vested in the Duke of Hamilton. Most prejudicial to success was the
opposition of the Chm'ch to the agreement. When the terms of the treaty
became known the majority of ministers showed themselves violently
hostile. Diu-ing the previous wai-s of the Covenant the Chm'ch had supported
the Govermuent and their pretensions to dictate policy had been accepted,
if not welcomed. For the moment, however, there was a sufficiently
strong majority in favour of the Engagement without the Church's help.
The nobility's attachment to tlie Solemn League and Covenant had been
largely one of expediency. A revulsion of feeling, due partly to sympathy
with the King, partly to exasperation with the interference of the Chm-ch,
brought in for a time a majority of the gentry and bm-gesses. In the
Parhament which met on 2nd March 1648 the King's friends had a majority
of about two-thirds. In spite of the denunciations of the Church, prepara-
tions for war began. A declaration of Parhament justified the raising of
an army for the King's rescue by enujnerating the Enghsh breaches of the
Covenant. On 4th May a levy of horse and foot tlu-oughout the kingdom
was ordered, of which Edinbm-gh's sliare was 1200 men. Four days later
the Town Cormcil stated that it was impossible to raise such a number
of men and asked permission to compromise by a money payment, ^
an old expedient used in the past to obtain exemption from royal
" raids." The offer was accepted by Parhament and exemption was
granted in exchange for a payment of 40,000i'. A committee was charged
with the task of collecting the smu from those hable to mihtary service,
and meanwliile the money was borrowed from members of the CoUege of
Justice and a gentleman of the King's Wardrobe.^ On 19th May the
Council, disregarcUng tlie acbnonition of then- mmisters and kirk session,*
approved of the conduct of their commissioners in Parhament and thus
committed themselves to approval of the Engagement. ^ But an attack
by an inhabitant of the Town on the Duke of Hamilton showed that
everyone was not of the magistrates' opinion.®
The preparations for the invasion of England were slow. The dis-
approval of the Chm-ch liindered both recruiting and the coUection of the
tax for equipment and maintenance of the army. Above aU, few of the
commanders were men of abUity, and David Leshe had refused to join a
venture unblessed by the Church. There was also cb vision among the
leaders as to the course to be followed. Although the party of Ai-gyle,
to wliich Leshe adhered, had not declared openly against the Engagement,
it remained a potential danger, and the Earl of Lanark, Hamilton's brother,
1 Petrie, p. 222. ' Pp. 147, 148, ' P. 150. * P. 149. ^ P. 150. » P. 152.
XX INTRODUCTION
favoiired crusliing them before an advance into England. Lauderdale
advocated an immediate advance for the support of the Enghsh royaUsts
in the north. His advice was taken. In the first week of July Hamilton,
with about one-thii'd of liis army, crossed the Border. The intended co-
operation failed utterly. The delay in setting out had rendered abortive
risings in various parts of England and the Scottish march was through
coiuitry mdifferent, if not hostile, to those still considered as foreign
invaders. On 17th August the Scots were routed by Cromwell at Preston.
By the 20th, Hamilton and a great part of the army were prisoners. The
Engagers had failed and their faihu'e spoiled a plan of Lauderdale for
bringing the Pruice of Wales to Scotland. An act of the Town Comicil,
dated 18th August, before news of the defeat coiild have reached Scotland,
had initiated plans for liis reception. ^ Another act of the same date,
narrating the deposition of a Town minister for not condemning the Engage-
ment, shows the attitude of the Chiu-ch to the ventm-e.
The failm-e ahnost brought about another civil war. A part of the
Engagers' anny was still in being. The " well -affected people of the west
country," organised by the Earl of EgUnton and joined by Chancellor
Loudoun, who had changed his coat expeditiously, marched on EcUnbiu-gh
in support of the Covenant. The Committee of Estates wliich supported
the Engagement fled and were replaced by a Conuiiittee dominated by
Argyle and the Chm-ch. Meanwhile the two armies lay opposite to each
other, while a sldrniish at Sttrhng showed that the Engagers were stiU
formidable. It was not tiU Argyle had made the treaty with Cromwell wliich
secm-ed his support that the Engagers were forced to accept the terms
offered them and disband then- army. The Enghsh general had advanced
to the Border for pmiishment of the breach of the Covenant and for the
reduction of Berwick and Carlisle, previously captured by the Engagers.
On 21st September, Cromwell and his army crossed the Tweed. On
4th October he lodged in the Earl of Moray's house in the Canongate.
The terms exacted by Cromwell were such as to satisfy the Clnu-ch and
Ai'gyle's party, stipulating that no Engager might hold any pubhc office.
In carrying them out the influence of the Chm-ch in national pohtics was
to reach its highest pomt, one responsible chiefly for the futiu-e conquest
of Scotland by her present ally and the hmnihation of the Church itself.
EcUnbiu-gh was affected by these events. On 31st August the Comicil
had news of the Whiggamore Raid, ordered a nightly watch of fom* companies
and forbade the admission of any soldiers to the Town.^ On 2nd September
the Engagers endeavoiu"ed to place their own gaiTison in the Castle, but
were prevented by the Council, who asserted their capacity to keep the
' P. 159. ^ P. 161.
INTRODUCTION xxi
Town peaceful without any assistance.^ Whether they beheved their
own assertion or not, the CouncU probably did not desu'e such compromismg
and dangerous occupants of the fortress. Two days later they were trying
to treat with the army of the west country.^ Apparently neither answer
nor respect was given to their proposals. On the afternoon of 8th September
the Coimcil, having heard the Earl of Loudoun addi'ess them on the imminent
danger to " religion, Kmg and Kingdom," had agreed to raise a new
regiment to serve agauist the Engagers.^ On the following morning they
were blamed for not using sufficient haste, and ordered to assemble their
companies in the Abbey Close to choose the personnel of the I'egiment
under extravagant pains. There was notliiiag for it but miquestioning
obedience to that and other commands of the new Committee of Estates
which included the provisioning of the army.*
This alacrity in obeying their new masters was not to save the Council
from retribution for heljiing the Engagers. On 27th September instructions
were brought to them that only persons quahfied by the Estates' acts might
vote in the ensmng elections. At an emergency meeting in the afternoon
the Council resolved to represent their wilhngness to choose acceptable
persons, but to protest that the orders of the Committee were contrary to
their sett. Tliis was useless. On 4th October it was made clear to the
Council that none might vote or hold office in " comiseUs, committies or
any uther judicatorie as memberis or clerkis " who had been accessory to
the Engagement.^ The Council yielded, or appeared to yield, without
fiu-ther argument. For all tlie Committee's orders and their own jirotesta-
tions, they made little change in their members, only electing persons to fill
the vacant places of the old Provost, baihes and deacon of the skimiers,
the latter after some delay. On 6th October the new bailies were sent to the
Canongate to greet Ohver Cromwell.® The same day the Coimcil gave orders
for clearmg the Town of any who might have been in arms for the
Engagement by an examination of all strangers desirous of lodguig within
the burgh.''
On 19th October the Council recorded a formal disclaimer of the
Engagement as enjoined by the Commission of Assembly and Committee
of Estates. The sincerity of then repentance found expression in the repeal
of all acts connected with it, includuig those " anent the borrowing of
moneyis." ^ It was a repudiation wWch gave trouble later. The dismissal
of their clerk, WiUiam Thomson, also may have been miavoidable, but
it was surely an overstatement of his influence to assert that he should
have prevented their accession to " that smfull cause." The following
1 p. 161.
2 Pp. 162-4.
3 Pp. 164, 165.
* Pp. 165-8.
' Pp. 170-2.
« P. 172.
' P. 173.
8 P. 175.
62
xxii INTRODUCTION
day tliree hundred and eighty-five neighbours, gathered in the Parliament
House, approved the Council's disclaimer. A Uttle later the Council were
ordered to give proof of their diUgence in executing the new Act of Classes
which excluded all persons concerned in the Engagement or suspected of
indifference towards the Covenants from office and from service with the
army.^ On 10th November the keeper of the Tolbooth was dismissed,
after Ids trial before the Committee of Estates,^ His offence dated back
to 1645, when he had dared to praise Montrose and criticise Argyle, the
Chancellor and the Earls of Lanark and Crawford.
While Government and Chm-ch in Scotland were busy repressing
" malignancy," the last royalist rismg in England had met with utter
defeat and events moved on to the trial and execution of King Charles.
Opinion in Scotland was outraged to the point that even Argyle and his
party were forced to abjure their recent alliance with Cromwell and
proclaim Charles II in Edinbiu:'gh. Acceptance of him as King was,
however, far from unplying an imconditional desire for liis presence. The
Scots commissioners at Breda sought for months to make liim accept
their terms, which included the signature of both Covenants. It was a
com-se which inevitably meant ahenation of liis other supporters, the royaUsts
of the tliree kmgdoms, and m the ensuing quandary was evolved the idea
of plajdng off the royahsts of Scotland luider the leaderslup of Montrose
against the Covenanters. It was hoped that a spectacular victory by the
Marquis woidd enable the Kmg to obtain less stringent terms. It was an
idea disastrous to Montrose, as also to the reputation of Charles II. The
knowledge that the King had not broken with the commissioners mined
any chance of the expedition's success and, when no good news came from
Scotland, the pressiu-e on the King to yield to the Scots proposals increased.
The cynical comment was made that Paris had been worth a mass to liis
grandfather, Henry IV, and that Scotland should be worth a covenant.^
The parallel was inexact. Acceptance meant the estrangement of his other
kingdoms and was not coupled ^vith any definite promises. The defeat
of Montrose at Carbisdale on 27tli April 16.50 destroyed any hopes of the
King. But on 1st May he had already signed the draft agreement, kno^^Ti
as the Treaty of Breda, and foiu* days later a messenger was sent to Montrose
to tell liim to disband liis army. Charles also wTote to the Estates that
conditions should be arranged for the safety of that army and its leader.
It was useless. The haste with wliich they proceeded to the Marquis's
execution was the measure of their fear, and once his fate was assured, the
Estates' terms to the King hardened. Before Charles landed at the mouth
of the Spey on 23rd June he had been forced to swear to both Covenants.
» Pp. 176-8. 2 p. 180 and Appendix IV. ' Charles II. and Scotland (S.H.S.), p. 51.
INTRODUCTION xxiii
Even the King's acknowledgement of the Covenants could not brmg
either unity or peace to Scotland. Ai-gyle's dependence for support on
the Church and the lesser barons and burgesses had ahenated many of
the nobihty and, ui spite of the fate of Montrose, royahsm was not crushed
in the north. Indeed the presence of the King brought the risk that he
might draw to liimself a party of malcontents. There was also imminent
danger from England. In May 1650 it was ruraom-ed that an EngUsh
invasion was planned, with the intention of rousing the common people
against the nobihty.^ The rumoiu- of invasion was true. By 19th June
Cromwell and his army were at Berwick-on-Tweed, and, three days later,
he had crossed the Border. Scotland jDrepared to resist tliis invasion,
and on 3rd July the Estates ordered a levy of troops. The forces assembled
were niunerically superior to the Enghsh army, and mider the command
of David Leshe, but mitrained, iU-officered and dismiited. This was the
consequence of the policy, approved by the Chiu-ch, which excluded from
the service of their comitry officers and men associated with the late
Engagement or otherwise luider the Chm-ch's cUsapproval.
On 28th July Cromwell reached Musselburgh and the foUowing morning
advanced on Echnburgh, which was defended by Leslie's army on a hne
between Leith and the capital. For nearly a month the English manoeuvred
in the neighbourhood of the Town without uiducmg Leslie to risk a general
engagement. At last, weakened by disease and shortage of jirovisions,
the English fell back on Dunbar by way of Haddington, followed closely
by the Scots. Their army, however, was not even so effective as at the
time of the levy. On 29th July Charles II had arrived at Leith where his
presence, welcomed by the army, was not welcomed by the Estates and
the Chm-ch. Upon the pretext of danger to liimself, he was comiJelled to
retire, which he did after a brief visit to Echnburgh on 2nd August. His
departure was followed by a second piu*ging of the army in wliich eighty
ofiicers and many men were chsmissed. Besides this hanchcap, Leshe was
hampered by the members of the Committee of Estates and ministers who
accompanied the army and imposed their wishes against his judgment.
The result was the rout at Dunbar, which left the south of Scotland at the
mercy of the invader.
There are suggestions of luieasiness at the pohtical situation in the
Town Council's minutes about the middle of 1649. In May tlu-ee himdi-ed
muskets were ordered from HoUand ; ^ in June the help of the ministers
was enhsted to obtain workers for the fortifications at Leith ; ^ in July
is mentioned the beginning of the demohtion of old outworks at the Castle.*
On 21st November is recorded the commission to the Comicil by the
» Charles II. and Scotland, p. 99. = P. 199. = P. 203. •" Pp. 217.
xxiv INTRODUCTION
Estates to contract for a large supply of arms and ammunition from
Holland.^ But the begimiing of the year 1650 was quiet enough, for
Montrose's expedition was too distant to trouble the Town. In the early
summer the revival of general imeasiness is shown by renewed activity over
the fortifications of the Castle and Leith. It seems that the Council camiot
have been aware of the imminence of danger, for they undoubtedly hindered
the latter work by insisting on a promise from the Estates that the appoint-
ment of a governor for the fortified port should be placed in their hands. ^
A similar demand had been made before of Charles I.^ The result was
that the work was unfinished when the enemy was already at their gates,
and, m the national emergency, the promise of the nomination of the
governor proved vain. The Council were informed that, if they insisted
on that right, no garrison could be left in Leith.
They were occupied otherwise dm'ing these months. The arrival of
Charles II in Scotland was marked by the appointment of a committee to
discuss the raising of money for the King's houseliold and for liis welcome
to the capital. A few days later the Provost and others were sent to
invite Charles to visit the Town. It was agreed that not more tlian
50,000 merks should be boiTowed for these expenses.* These loyal
preparations were interruiDted by the calling up of the fencible men of
Edinbm'gh, Canongate and Leith, the occasion being the approach of the
Enghsh army to the Border.^ This proclamation ended ^\dth the warning
that no man might leave the Town or, being absent, fail to return witlmi
twenty-four hours mider the penalty of loss of hberty to him and liis
descendants. In obecUence to the Committee of Estates the Council
ordered a search tlu'ough the Town for iwovisions for the Castle, including
eighty tuns of ale and beer.® Another command of the Estates necessitated
borrowing to buy lead for the same garrison. TiU then all demands upon
the Council had found them ready to do their best, but a demand recorded
on 1 8th July from the Estates, backed by the Commission of Assembly, found
them at a loss. Money was required for an inteUigence service, for transport
of camion and other matters. The Comicil asked for time to consider
how the smn could be raised, and at last appealed to the captains of their
companies. The ten merchant captains offered either 500 or 1000 merks
each. At an afternoon meeting of the Coimcil, fifty-eight neighboiu's
offered smns varying between these amounts and only six persons refused
to lend.' The mcident gives an idea of the considerable wealth in the
city, smce that was not the only payment they were called upon to make.
1 p. 206 and Appendix VI. ' Pp. 225, 256-7.
" Extracts, 1626-41, p. 37 ; Appendix I, p. 267 ; and Appendix VIII., pp. 302-5.
* Pp. 257, 269. 6 Pp. 261-2. « P. 246. ' Pp. 247-8.
INTRODUCTION
XXV
On 22nd July all inhabitants were ordered to close tlieir booth doors
and stand to arms, and two days later they were ordered to parade in
Greyfriars churchyard, with eight days provisions.^ Meanwhile tardy steps
were being taken for the fortification of the Town. Entrencliments were
dug beside the windmill at the Society. Orders were given to pull down
houses near the Town wall, and to build up the West Port and the entrance
to Heriot's Hospital. On 26th July orders were given for barricachng the
Cowgate Port. Tunber and stones were scarce and required for tlie wall,
so the inhabitants were in.structed to collect " muck " from the streets
and iise that for the barricade. The Treasurer's Accounts show preparations
for guns and gun platforms on the walls.^ For all that, it is doubtful
if the Council reahsed the greatness of their danger. For, wliile stone was
needed lu-gently and stone-boats could no longer come to Leith, the Council
still insisted that houses to be destroyed must first be valued.
Interspersed with these preparations were other tasks. On 26th July
a proclamation called for sheets and blankets, pots and pans for the army.
On the 31st bakers were ordered to bake for the army exclusively till it
should be suppHed. Then the Coimcil prepared to welcome the King.
The sum of 20,000 merks was provided as a token of their reacbness to
offer hfe and fortune in liis service.^ On 2nd August he was entertained
in the Upper Exchequer House, on his way to Dunfermline. On ^rd August,
when the enemy attack had begun, the Council were still arranging for
cannon on the wall.'* Three days later Leith was searched for provisions
for the army, and on the 7th preparations were made for wounded soldiers
in Trinity Ho.spital.^ Meanwhile the army had been on the defensive
against Ci'omwell's manoeuvres round the outskii-ts of the Town. On
17th August the Committee of Estates informed the Council that the
army was about to leave the trenches and march towards the enemy.
A suitable garrison would be left in Leith, if the Council would not press
their right to appoint a governor. The Council knew themselves outwitted,
and yielded.* For the rest of the month they were occupied with questions
as to the watch, the demohtion of houses and absent bm-gesses. They
commandeered horses for the army, exempting only ministers and carriers
of provisions, and ordered reaping hooks for the army, to prevent waste
of the harvest.
On 2nd September they rejoiced that the enemy was in retreat, while
ordering the completion of the fortifications. The joy was too soon, the
precaution too late. On the very day of the act, Leslie's army was routed
at Dunbar, and the capital yielded without attempt at defence. It was
as well that it yielded, for the English found Leith's fortifications ill-
1 Pp. 249, 250, 269. ^ Appendix IX, p. 424. ' Pp. 252-3. * P. 253. ^ p. 255. » P. 258.
xxvi INTRODUCTION
made,i and the To\\ti's defences were unfinished and would in any case
have been useless before Cromwell's siege train. All the Coiuicil foiind
time to do was to remove their cannon from the Avails, place these and the
arms of the Town's companies in the Castle for safety, and store timber
in the Greyfriars' Chm-ch for security against plundering. The precautions
were useless. The invaders seem to have treated Eduibiu-gh as a conquered
town. The College, Grej^friars and Lady Yester's Churches were laid
waste and the High School.- The Society and several markets were
preserved from wrecking with difficulty. The weiglihouse was demohshed.
A part of Holyroodliouse was burned. There was much minor damage
done by the solcUers. Twice the Market Cross door was broken do\vn,
the wells were wrecked, doors and windows at the Netherbow were broken,
the sluice at the North Locli and the gate at Leith Wynd foot were broken,
even graves in the chm-chyard were opened, presumably in the search for
plunder.*
There are no Council records from 2nd September 1650 till December
1651, and it was not till March 1652 that the English military authorities
allowed the election of magistrates. Nicoll tells that General Lambert
had endeavoured to establish a Covmcil of his owti choice, but had been
baulked by the refusal of the CouncU, and that for some months there
were only military courts appointed by him.* These the Council never
mention. It is true that there was no Coimcil for the period and that the
Burgh Covu-t did not sit between 13th July 1650 and March 1652,^ but
the Town had some authorities apart from the EngKsh. The Treasurers'
Accounts show that the Provost, baihes and dean of gUd, imdoubtedly
absent for a time, yet were there for a part of these months. An act of
Council of 6th April 1653 tells how the necessary business of the Town was
managed by a committee of thirty neighboiu-s in the absence of the Council
and muiisters. Their duties included quartermg, taxing for the expenses
of the mUitary guard, collection of petty extents and deciding pleas and
quarrels between neighbours.* So useful was this committee that it was
continued even after the restoration of the CoiuicU.
Edinbiu'gh's svurender served to isolate its inhabitants from the dis-
tractions of Scottish policy after Dunbar as well as from warfare. These
were so acute that it seemed for a time as though civil war would be added
to invasion. In the national emergency the Estates, with the grudging
assent of the Commission of Assemblj% had proposed resolutions allowing
the emplo3anent of Engagers and Royalists in the army and govermnent.
These resolutions were opposed by the extremists among the ministry m
1 Scotland and the Protectorate (S.H.S.), p. 302. ^ NicoU's Diary, p. 34.
3 Appendix IX, pp. 427-9. « NicoU, p. 66. ^ MS. Burgh Court Book. « Pp. 310-2.
INTRODUCTION xxvii
their Protest or Remonstrance of October 1650. The Remonstrance was
suiDported by the Covenanters of the south-west, whose forces were ready
to attack either the remnants of LesHe's army or Cromwell, though almost
prepared to ally themselves with the latter. The disavowal of the King
made by the Protestors compelled Ai'gyle and liis folio wmg, the Resolutioners,
to a tolerance of the royalists and Engagers more comprehensive than they
either desired or intended. The enforcement of the Act of Classes became
an empty formahty, even before its rej^eal in Jmie 1651, and the influx of
royalists and Engagers to the King seriously diminished Argyle's influence.
Charles II's premature attempt to join the royalists, known as the Start,
proved unnecessary, for in March 1651 he was invited to assume command of
the army, which, without an overt breach with the Covenanters, had become
practically royalist in essence, while Ai-gyle had ceased to be a leader.
While these changes had been taking place the English army had occupied
Glasgow without resistance. An encounter with the Protestors at Hamilton
had resiilted in the former's defeat. Edinburgh Castle had siurendered under
circumstances which suggested treachery. Yet on 1st January 1651 Charles
had been crowned at Scone. Stirling, Dumiottar and other castles still held
out and Leslie had fallen back on defensive tactics, trusting to time to wear
down the invaders, who were imperfectly provisioned and suffering from
sicliness. He depended wholly on the north for his supplies, and Ci'omwell
resolved to cut liini off from these by the capture of Perth. Forces, landed
in Fife, defeated a part of the Scots army at Inverkeithing and Cromwell
followed to the attack on Perth. The situation left to the Scots one desperate
alternative which he had foreseen. On 31st July the Scots army started
on the road to England. Two days later Cromwell followed m jDursuit.
It was even a more desperate venture than the Engagers' invasion.
The repression of the last Royalist rising had been drastic. The Enghsh
Royahsts, too, were doubtful as to the aims of the Scots. When the army
reached Worcester on 22nd August they had received only the scantiest
reinforcements and laiew that no more woidd be forthcoming. On
2nd September, the anniversary of Dunbar, Cromwell, having followed by
forced marches, engaged the Scottish army and defeated it. The King
escaped ; Leshe, Middleton and Lauderdale were captm-ed. Of twenty
thousand men who had set out, few saw then* country again.
In Scotland a hopeless resistance was gradually subdued. Stu-hng
Castle surrendered . Tlie Committee of Estates and Comniission of Assembly
were surprised and captm-ed at Alytli on 28th August. On 1st September
Dundee was stormed and plundered. In November the Marquis of Huntly
disbanded liis forces in the north. With the surrender of Dunnottar in
May 1652 and the Marquis of Ai-gyle's submission upon terms, the reduction
xxviii INTRODUCTION
of Scotland was complete. It was at first the English intention to treat
the country as conquered and annex it to England. More conciliatory
counsels prevailed and a scheme for the union of the nations was prepared.
It was accepted without much enthusiasm by parts of Scotland, including
the biu'ghs, but was vehemently opposed by both j^arties in the Church,
who, alike, held deahngs wdth the invader to be a breach of the Covenant.
The chsciission of the details of the miion were not complete before the
forcible dissolution of the Long Parliament in April 1653, but it was
inaugiirated in December by the Protectorate. The representation gi-anted
to Scotland in the Union Parhament was tliirty members. The dm-ation
of that assembly was brief, and m 1655 a Comicil of State was appointed
to administer Scottish affairs. Previously the civil government had been
settled. In place of the Court of Session were seven judges, four Enghsh and
three Scots, whose competence foimd critics enough at the time. Provision
also had been made for courts, in place of the heritable jurisdictions.
While neither coimtry was ripe for union, Scotland had most to resent
in the change, since its terms chd not benefit all classes equally. The
representation in Parhament left Scots in a minority. Freedom of trade,
if it could be achieved, chiefly interested the bm-ghs. Taxation pro-
portionate to that of England meant a burden on an impoverished country,
already paj'uig heavily for an army of occupation. The abohtion of all
tenures implying vassalage and servitudes, of fines payable by tenants,
and of military service, was a loss to the nobUity and gi-eat lando\vners
and also, as in the case of Eduaburgh, to the bm'glis. The setting up of
popular baron coiu-ts was an innovation. The proclamation of pardon
and gi'ace had many exemptions, including the nobihty and all who had
been in arms since May 1652. Even the royal biu"ghs, less disinchned
than others to support the new government, stood to gain httle immediate
good. Their trade had not recovered ; taxation, though insufficient for
its pm-poses, was heavy. The Committee for Sequestrations dealt with
confiscations and fines and, m the case of Edinbm'gh at least, seems to
have snatched at pretexts for exacting money. ^ The proceeds of their
work were used partly for the construction of fortresses in Scotland, partly
as gifts to Enghsh commanders. Under such circumstances it was not
siu'prising that in the early summer of 1653 there was royahst unrest in
the north and activities of " mosstroopers " on the Borders to which
malcontents resorted. The condition of the country gave considerable
anxiety for a tune to the Enghsh Commander-in-Chief, but the conclusion
of peace with Holland deprived the Royahst rising of hopes of assistance
from that quarter and also freed General Monck to take order with the
' See the apprising of Leith.
INTRODUCTION xxix
situation. Even had the royaUsts been free from rivah'ies among themselves
they were not strong enough to resist under such concUtions and by February
1655 their resistance had collapsed. It was recognised that the pohcy
pursued in Scotland had been responsible to some extent for the rising and
the terms of cajjitulation were not unduly severe. The Council of State
modified the enforcement of fines and sequestrations. The prohibition
of prayers for the King was i-escinded, with the result that most ministers
abandoned the i^ractice. From that date there were no further rismgs.
Indeed the estabUshment of permanent garrisons at strategic points rendered
the success of any virtually impossible.
The capital was not associated with any of the uiu'est after the battle
of Dinibar. The Council and inhabitants were sufficiently occupied in
concihatmg the invader and preserving what privileges they could. Indeed
it would have been worse than indiscreet to antagonise then' new rulers.
The late wars had left them heavily in debt and the Enghsh taxation was
at least equally heavy and impossible to evade. Also, though the records
allude only casually to the fact, Edinbiu-gh and Leith had \vitliin their
bounds strong dissuasives against revolt in the Enghsh guard houses
scattered through them.^ On 4th December 1651 the Town Council,
elected in 16-49, met agam, when two blank pages in the record seem to
have been intended for an explanation of events. At subsequent meetings
deacons and members of Coimcil were elected, but the election of magistrates
was postponed till the arrival of the Enghsh commissioners. On
24th December was recorded the Chancellor's letter of 5th September
1650, authorising the Lord Provost to leave the capital since he could
no longer be of service there.^ Tiiis it appears he had not done. Until
such time as an election should be permitted, the old magistrates can-ied
on the work of the Town. They dealt with the collection of the assessment,
or cess, imposed by General Lambert, amomiting to £200 sterhng a month.
They sent him the writs of Heriot's Hospital, demanded, though the act
does not state this, on the ground that Heriot had made liis money in
England and therefore the building sliould belong to the Enghsh. They
appointed a committee, in the absence of a treasurer, to look after the
Common Good, and provide stipends for the ministers, some of whom were
prisoners in London. After prolonged negotiations and the production
of the Town's rights, permission was received to elect magistrates. The
terms of the permission roused a storm in the Comicil.* A debate began
whether the election should be in the asual manner or whether, in terms of
the permission, the neighbours should be consulted. Ultimately the
Council decided to carry on m their accustomed way. The proceedings
' See pp. 376, 378 and Appendix IX, pp. 430-2. ■ P. 263 infra. ^ Pp. 270-2.
XXX INTRODUCTION
seem to have been passed by the EngHsh authorities, for the new magistrates
took the oath before the new Judge Advocate. Two members, the treasurer
and a deacon, refused office, the former " something imsatisfied" the other
refusing absolutely.^ A new deacon was elected, but the office of treasurer
remained vacant till Michaelmas.
From this time the Council's part in national affairs was very hmited.
They sent their commissioners anent the Union, elected their representative
to the Enghsh Parhament and allowed their clerk to be elected as member
for the Lowland biarghs. In November 1653 an act as to harboiu'ing of
strangers was due probably to the iinrest caused by the Royalist rising
in the north. ^ In February 1654 they joined with the gentlemen of the
shire in a petition for regulation of the price of coal. They also were
interested in the legislation as to the forfeited estates. Otherwise they
took Uttle interest in anything but then- own affau's. To them the dis-
solution of the Long Parhament merely raised the question whether their
commissioners should remain in London. The estabhshment of the
Protectorate required a congratulatory address to Cromwell. The appoint-
ment of a Comicil of State for Scotland concerned them only as regarded
lodgings and coach-houses for its members. Even apart from natm'al
hostility to then' conquerors, this lack of interest was not surprising. The
EngUsh authorities had taken upon them to enquire in detail into all the
capital's rights and privileges, and the Council's time was taken up in
elucidating and defendmg these and in obtaining the renewal of such
grants as were needful for rehef of the financial situation. They had no
time to spare for pohtics.
EDINBURGH AND THE CONVENTION OF ROYAL BURGHS.
For the first seven years of this period the Convention records still
are lacking, and Edinburgh has only sparse notices of its meetings and
legislation. During the remaining years the pohtical situation did not
permit frequent meetings. The Coimcil records note the hokUng of General
Conventions at Dundee in 1642, at Dumbarton in 1643 and at Kirkcaldy
in 1644. In November of 1644 a simamons was sent for a General
Convention at Edinbrn-gh on 31st December, but there is no evidence of
the actual meeting. The place of the convention is not named in 1645 and,
since Edinbiu-gh at that time was suffering from the pestilence, it is even
sm"prising that commissioners were elected. Biuntisland was named as
the place of meeting in April 1646, but there is a record of a General
Convention at Perth later in the same year. In view of Montrose's activities
1 P. 275. ' P. 326.
INTRODUCTION sxxi
in the north, the choice of the latter place is surprising, unless the Convention
met after his defeat at PhiUjjhaugh. The next notice of a General
Convention is in August 1648. Thereafter the Convention records are
available for the meetings of the burghs and Queensferry was the chosen
place in 1649. The meeting at Cupar in 1650 was postjaoned by-
Parliament and in 1652 the biu-ghs were summoned to Edinburgh. Another
General Convention at Cupar in 1653 was dismissed by the Enghsh
Commander-in-Chief. In 1654 and 1655 the bm'ghs appear to have met
in Edinbm-gh. Particular conventions also were infrequent. Two were
summoned in 1642, four in 1643 and one in 1645. There was one meeting
in 1646, tlu'ee in 1647 and one m 1650. During the English occupation
meetings also were few. There was one m 1653, two in 1654 and one in
1655.
Under such circumstances Httle of importance could have been accom-
phshed. The acts of Coiuicil record some legislation of the conventions
at Irvine and Linlithgow. These included a ratification of the National
Covenant, but were concerned chiefly with affairs at Campvere, unfree
traders and non-resident burgesses. These matters were considered again
in 1644 with questions as to foreign merchancUse, forestallers and regraters
and the conduct of conventions. In 1642 the general searchery and a
patent desired by an Englishman for making and laying brick had been
considered. Indeed the disturbed condition of the country precluded much
work bemg done. Questions were raised and were left unsettled. ^
The Convention at Queensferry in 1649 was notable for the successful
attempt of the other burghs to have Edinburgh's share of the burghs'
taxation moreased.^ In spite of the capital's plea that its burdens
called rather for a diminution, its proportion of each hundred pounds of
taxation was increased to more than one-third. There was justification
for the alteration, since several other bm'ghs had suffered heavily diuing
Montrose's campaign. Any irritation felt by the Council at the decision
was transitory, for, in the same month, they were acting for the rest of the
burghs in an appeal to the Prmce of Orange for convoys.^
Under the Commonwealth and Protectorate, the activities of the
Convention were much ciutailed. It is jirobable that the meeting of
shires and biu-ghs in July 1652 shoidd not rank as a convention, being
summoned to appoint commissioners for discussion of the treaty of union.*
In October 1655 delegates from the Coimcil were sent to Hadchngton, in
obedience to an act of the recent convention, charged to supervise the
election of magistrates there.^ At the same tune a summons was sent out
for a particular convention to consider the Protector's proposed committee
» Pp. 11, 18, 47, 48. " P. 205. ' P. 207. * P. 287. ' P. 387.
sxxu INTRODUCTION
for trade. In November of that year the Comicil was si>okesnian for the
other burghs in the matter of the piu'chase of land by creditors.^
EDINBURGH AND LEITH.
During the ear her years of these extracts the ill-will between tlie good
Town and Leith was latent. The Council continued their policy of sub-
ordinating the Leith crafts to those of Edinbm-gh and of supervising the
maltmen, vintners and tapsters of ale.^ Of the crafts the coopers alone were
openly recalcitrant.^ Such arrangements coidd not have been welcome but,
aj^art from the coopers, there is no indication of any struggle to enforce
them. An act of 26th April 1644 shows how near trouble was to the
surface for then the Council dismissed the captain of a Leith company
because he was persuaduig the uiliabitants to disloyalty both in civic and
national matters.'' The Council, however, was preoccupied with other
affairs and their relations with Leith diu-ing the years of war were confined
for the most part to collecting the maintenance and endeavoiu-ing to
complete the fortifications. That work is noted from April 1649 till the
beginning of September 1650, when the defeat at Dimbar rendered the
work useless. It had been protracted by the Coujicil's propensity to
bargain %vith the Estates for preservation of their rights.
Diu-ing the EngUsh occupation the feeling of Leith against EcUnburgh
found vent. Indeed the situation from the jjoint of view of the uiliabitants
had been intolerable ever since the acquisition of the superiority by
Edinburgh. That Town's position had been ambiguous from the first,
for the wording of Robert I's charter confirming the " jiort of Leith " to
Edinbiu"gli, whatever it may have convej''ed at the time of granting, was
far from being exphcit. The promise, too, of Marie de Lorraine that Leith
should be an uidependent royal burgh, when luifulfilled, had left Leith
with a permanent grievance. A final factor, which seems to have brought
about the ruptm'e, was the settlement in Leith of English colonists. It is
not unwarrantable to assume that, had it not been for these, Leith might
not have found so ready an audience for its complaints. It is obvious
that their plantation must have been made without any miderstanding
of the pecuhar comiection between the capital and its port, for the policy
of the conquerors was not generally subversive of the rights of the Scottish
bm'ghs, which had been the fu-st to submit to the English. The natural
assmnption is that the colonising merchants were encouraged to settle
in a place which appeai-ed to be an ordinary seaport town. It may also
be assumed that the people of Leith would not be the fii'st to disillusion
» P. 393. » Pp. 9, 15, 27. 84, 89, 90. = P. 8. * P. 38.
INTRODUCTION xxxiii
newcomers by explahiiiig the restrictions on trade ciuTent in tlieir
town.
There was a foretaste of trouble in December 1651 when the Deputy
Governor of Leith authorised Leith bakers to sell bread in Edinbm-gh
and other adjacent places. ^ This the capital resented. A petition for
Leith seems to have been presented to the Enghsh Parliament m October
1652 to make the town a corporation distmct from Eduibm-gh.- Its granting
was recommended for the encoiu-agement of the Enghsh colonists. General
Monck took up the same attitude in 1653 and 1654, lu-ging that the
" unbounded authority " of the capital would force the Enghsh merchants
to leave. In this the General was less than fair to the To\vn Council, who
seem to have tried to conciliate the merchants by ordering a valuation of
lands for them,^ and by speaking with them about their desires,'* and by
waiving certain imposts and taxes.
From the pomt of view of Edinbm-gh it might have seemed that tliis
discontent was neghgible. In accordance with the denaands of the English
commissioners at Dallveith the Coimcil had produced aU evidents bearmg
on the city's rights and privileges. These were considered by the Council
of State in London and ratified on 23rd April 1653.* If this ratification
was sufficient, then sm'ely the matter was settled. It was to prove otherwise.
The uiliabitants of Leith, encouraged by Monck and backed by the Enghsh
merchants, submitted in 1655 a petition, embodying in separate docu-
ments their complamts and their grievances. The latter were dropped
subsequently, on the pretext of shorteiung the case. The Protector, in
Jime 1655, authorised General Monck and two of the commissioners for
the acbninistration of justice in Scotland to hear both parties and decide.
The petition was followed by the Town ComicU's answers and continued
in the usual way byrephes, duphes, triphes and quadruphes. The petition
itself embodies the joint grievances of the inhabitants of Leith and the
Enghsh settlers." Besides Leith's old woes were stated the complaints
of those who had fomid themselves in a place with no freedom of trade.
Apart from the peculiarity of Leith's situation, the existence of regidations
governhig trade shoidd not have sm'prised them. The exercise of trade
and merchandice in England was in the hands of the Merchant Companies,
whose regidations were strmgent and their exactions considerable. There
had been revolts against their monopoly of trade, comntenanced by the
late King, bvit the companies had not been crushed and had received from
the Commonwealth Govermnent the ratification of their privileges. The
settlers in Leith appear to have expected to exercise their trade without
» Scotland and the Cominonwealth, p. 347 and p. 317 infra. ^ Ibid., p. 369.
« P. 296. * P. 327. ' P. 323. ' See Appendix VIII.
C
xxxiv INTRODUCTION
such restrictions as they would have had in England, and to receive
preferential treatment in a conquered country. Disappointed in tliis, they
made common cause with the men of Leith.
The pleadings in the case were voluminous and tended to con-
centrate on the question important to either side, the superiority. One
point seems to stand out, that, while Leith had been hardly treated,
the capital could mstruct its possession with several royal charters.
Ultunately the matter was decided in Edinbiu-gh's favour by the Coimcil
of State for Scotland, to whom the case had been remitted. It is not
necessary to assmue, as has been done, that this implied any partiahty to
Edinbiugh. The Council of State was composed chiefly of Englishmen,
who should not have been prejudiced. The diai'ist NicoU asserts that
the j)rice j^aid for the decision in the Town's favour was the Council's
engagement to pay for the new fort at Leith, that they agreed to find
60,0001' g^iid tjiat the work was begun on 26th May 1656. The records
bear out Ms statement as to the money, ^ although the work cannot have been
started so early as he states. It was only on 26th May that Monck intimated
to the Comicil the Protector's intention to build a fort instead of fortifying
the town. The records suggest no conditions attached to their offer, and
it was not till 31st July that the Comicil of State's decision was announced.
In reahty the situation was not so sunple as NicoU represents it.
Concxurently with tins case other attacks had been made on the capital's
possession of Leith from an angle wliich presupposed Edinburgh's right
to the superiority. One was simple enough, bemg the attempt of the
military authorities to govern Leith themselves.^ The Comicil protested
and it seems to have been abandoned. Previous to this another attack
on Echnburgh's possession of Leith had been laimclied, of which there is a
hint so early as 1652.* On 27th December 1654 the neighbours were
summoned to an emergency meeting of the Town Council. There they
learned that Leith was to be apprised from them for pajanent of an old
debt of 45,000 merks due to the Lords of Session and assumed by the
Enghsh judges as their successors.* No settlement was arrived at, and
the magistrates lay under a decree of horning till December 1655, although
the neighbours had offered to find money for the interest on the
debt. In that month proceedings to complete the apprising were
stopped by the Protector,* and the offer to pay the interest was accepted.
Meanwlule the Council, on 28th February 1655, had appointed a committee
to discuss proposals for the Citadel which they hoped might benefit them
by assigning bounds for the garrison.^ This act antedates the presentation
of Leith's petition. Durmg the year the Council also had been endeavouring
1 MS. Council Records, vol. XIX. " P. 365. » Pp. 284, 285. ♦ P. 360.
' P. 394. • P. 367.
INTRODUCTION xxxv
to reach an agreement with Leith before the Council of State should issue
their decision.^
It is difficult to assess the real Enghsh attitude towards the dispute.
The impartiahty of the Enghsh rule in Scotland has been cited as a benefit
to the country. But, if the authorities favoured Leith's case, it is strange
that they should have sold that town's liberty to the capital. Again, if
Edinburgh's superiority was not vahd, the apprising of Leith from the
Council should not have been possible. It camiot be assumed that the
English were ignorant of Leith's petition, and it is difficult to imagine how
the affau' would have ended had Leith's claim to independence been
conceded. The conclusion appears to be that the English government
were less concerned with doing justice to Leith than with coercing Edinbiu-gh
into finding money for their own schemes.
In such a situation it is cm-ious to find the Leith people appealing to
the Council for help against the exactions of the English. On 16th January
the trades of Leith complained to the Coiuicil that the Deputy Governor
was taxing them." The Council managed to effect a repeal of the tax.
On 22nd June the baUies, mmisters and kirk session of South Leith sought
the Comicil's intercession for the return of then- chm'ch.^ The Council
did then best and were informed that the clim'ch, then in use as a powder
magazine, would be restored when the new fortress had been completed.
Privately the English authorities explained the deprivation otherwise.
They held that it would be unsafe to aUow a Scots minister to preach there
tiU the fort had been built.
THE GOOD TOWN AND THE CHURCH.
It is natm-al that the relations of the Council with their ministers and
with the Chm-ch m general should bulk considerably in these records.
But while in the past these relations usually, though not invariably,
had been cordial enough, between 1642 and 1655 they were strained almost
to brealdng point. The Council resented so far as they dared the Chmch's
interference in matters, such as jiatronage, which they considered then- o\vn
province. They also had contmual difficulty over the supply of ministers
for the To\vn chiu-ches.
It had never been easy to procure enough ministers for Echnburgh.
The Town was divided into six parishes, each with a church or some allotted
place of worship, and each parish should have had two ministers. In
1641 only one parish out of the six had its complement. Throughout this
period it was the constant endeavour of the Council to obtain more, an
1 P. 390. 2 p. 365. a P. 379.
xxxvi INTRODUCTION
endeavoiu" complicated by the reluctance of the Commission of Assembly
to approve the calls made by the Council. The attitude of that body was
due largely to the Council's asserted right of calling ministers from any
part of Scotland. It was claimed that this had been allowed by the
Glasgow Assembly of 16.38. The Church alleged that the privilege had
been rescinded in a later Assembly. Later the Commission inclined to
oppose all Edinbiu-gh's calls because the Council claimed that its right of
patronage obviated consulting the lurk session of the Town.
So the years from 1642 to 1650 were pmictuated with calls to muiisters
of whom few ever were transported to the Town. It is true that in
1642 Mr George Gillespie came, but, few months later, he accompanied
Mr Alexander Henderson to London on the business of the Solemn League
and Covenant. From England Henderson never retiu-ned, dying in Newcastle
in August 1646. Gillespie retiu-ned, but died in November 1648. The
Engagement was responsible for the loss of three ministers, the old
Mr Andrew Ramsay, Mr William ColviUe, and Mr Robert Lowrie, who,
refusing to condemn it, were deposed by the Assembly. In 1651 fom- of
the Town ministers, who had left the Town, were captured with the
Committee of Estates at Alyth and remained prisoners in London for
many months.
It was not only the difficulty of the calling of ministers wliich troubled
the Council. They had also to deal wdtli the question of stipends and with
the increasing claims of the Assembly and of their own kirk sessions to
interfere in matters wliich the Council considered their own province.
In AprU 1642 they agreed that the annuity on house-rents granted by
Charles I for payment of stipends should be collected for six years. ^ It
was an unpopular levy from the first and rendered luifair by the claim of
the College of Justice, if not to total exemption, at least to the privilege of
assessing their own contribution. The result was that money had to be
borrowed abnost annually to pay the stipends. On 10th Jmie 1646 a
special meetmg of the Comicil, Icirk sessions and neighbours considered
the matter of stipends.^ The Coimcil offered for inspection all their gifts
and mortifications that these might be compared with the actual stipends
paid. It was suggested that a representative committee should examine
these. Unfortunately there is no record of the committee's proceeduigs,
for it is certain that they must have foirnd the money from siich sources
inadequate. But such matters were mterrupted. On 12th May 1648
several of the ministers and the kirk sessions protested against the Coimoil's
acknowledgment of the Engagement.' The Council promised consideration
of the protest, but did nothing. There was nothing they could do, short
» P. 6. - P. 93. » P. 149.
INTRODUCTION xxxvii
of defying Parliament. Still it was the beginning of a breach between
them and the Church, which gi-ew wider as the latter's influence became
dominant in the State. The growth of such influence is seen in demands
presented by the ministers and Icirk sessions on 10th July.^ These invited
the Coimcil to consult them as to nomuiations for the tlu'ee vacancies in
the muiistry ; ^ to caU the help of the sessions for election of Commissioners
to the Assembly, and to close the Town ports on the Sabbath. The
Council's answer stated more or less baldly tJiat all these matters were their
own concern. Indeed they refused the Assembly's rejiresentation that it
was " convenient " for them to consult the sessions,^ on the gromid that
that would infi'inge their right of patronage.
The downfaU of the Engagement on the field and in the State by justifying
the Church's protests left that body .supreme. The Council felt the weight
of its power. With tlnee hundred and eighty-five neighbom's on
20th October they acknowledged their sm with regard to the treaty, and
on the same day yielded to a demand for twelve ministers m the Town,
whose stipends were to be paitl from the kirk lands and from the Amiuity
wliich was declared pennanent*. About a month later they accepted from
the great or luiited session a hst of commands more detailed and stringent
than those previously refused, and ordered their i^roclamation.^ The next
step was the matter of patronage. In accordance with the Assembly's
desires, Parliament considered the abolition of all patronage in the Church.
The Town's commissioners, hi then- quandary, aj^pealed to the Council
for instructions.* But the Council dared not recommend opposition to
the general trend of opmion. They instructed their commissioners " not
to seim singular."
The increased number of ministers necessitated consideration of means
for their payment. In Apiil 1649 the Coimcil took steps for a clear
separation of the mcomes from Church and Town lands, and m June an act
recorded that Parliament had increased the Amimty from five to six per cent,
upon aU house rents, becaiise the lower rate did not provide the 19,000 merks
required for payment of six muiisters.' In September the Council agreed
that the imnisters paid from the Amiuity should have 3100 merks and
house rent and that the five payable by the To^vii from the kirk rents should
receive similar siuns.* These were double the stipends agi-eed upon in 1628,
whfle, at the same time, the ministers in the landward parishes, from which
the kh-k rents were derived, had had their stipends raised, in one case by
the assignment of the whole temds. The result was that the lui-k rents
were madequate and borrowing had to be resorted to.
Pp. 156-7.
" P. xxix. supra.
^ Baillie, iii., p. 35.
* P. 178.
P. 181.
» Pp. 190. 191.
' Pp. 197, 204.
» P. 211.
c2
xxxviii INTRODUCTION
In December 1649 an episode is recorded, creditable to neither party
concerned.^ The existmg Council were bemg troubled for repayment of
money borrowed by their predecessors for the Engagement. They appealed
to the Commission of Assembly, who gave judgment that they were free
of the debt, since they had abjm-ed that surful pact, but that members of
the Coimcil who had contracted it were liable as incUviduals. Though that
favom-ed the Coimcil, a decision of the Commission, noted on 20th February
1650, penahsed them heavily.- Tliis diverted to the mimsters of landward
parishes all their own temds. The Covurcil were roused to protest that
this tlu-eatened all the grants to the Town for the College, the muiisters
and the poor, from those of Queen Mary to those of Charles I. There
may have been much to commend m the proposal, but it altered allocations
of temds and other dues to the Clnu'ch older than the Reformation. In
addition to such troubles the Comicil had to consider new demands ffom
the ministers. These asked that the Town should be divided into nine
parishes and that a new Assembly Hoiise should be made.^
The Enghsh invasion put a stop for many months to any mention of
the ministers. An act of 16th April 1653 states romidly that the Town was
deserted by them. In December 1651 an act of Coimcil considered the
payment of stipends to them, both those unprisoned m London and the
others presiunably m the Town.* But the day of their ascendency m public
and even in ecclesiastical matters was over and cUvided comisels witliin
the Chm-ch lessened its uifluence. Resolutioners and Protestors were
imited only in one opmion, that aclaiowledgment of the invader was a
breach of the Solemn League and Covenant. The To\to Council, foUowmg
their usual pohcy and at pams to conciliate the English, foimd that their
attitude incuri'ed the disijleasure of their ministers. Tliis was shown in
refusal to collaborate with the Council m matters about which they previously
had insisted that their advice must be asked. It was shown over the
election of a pruicipal for the College,^ when the ministers refused to approve
the leet and withdrew. Later they refused to attend the election of
commissioners for the General Assembly,^ producing an act of the Assembly
shoAving that they were not boimd to appear. With regard to the celebration
of the Sacrament they showed themselves equally im^yielding. It was
represented to them m 1652, at the request of the neighbours, that there
had been no celebration for five years, and they were asked to fix a date.
They postponed a definite answer that year and in the two following
years.' It was not till 1655 that a celebration took place. The records
do not state how the ministers' objections were overcome. The only
1 P. 224. 2 p. 231. 3 p. 232. ' P. 264.
6 Pp. 276, 278. « Pp. 286, 318. ' Pp. 292, 294, 338, 343, 346.
INTRODUCTION xxxix
allusion to the matter is an act of 3rd August authorising the provision
of the communion elements for St Cuthbert's Chiu-ch.^
In the matter of stipends the ministers were obliged to have dealings
with the Coimcil. The financial position of the city in 1652 made the pay-
ment of the stipends settled in 1648 impossible. The Council represented
the situation to the ministers, who agreed to accept reduced stijDends for
a time. 2 In the following year the sessions concm-red with the Coimcil
in forming new instructions for the readers and precentors.^ In March
1655 they approved the Council's uitention to increase the number of
jDarishes. An act of June 1654 shows that the collection of the Amauity
was the duty of the deacons of the knk sessions and that they had not been
suocessfid in theu" charge. In view of this cUfficulty the ministers offered
to assign it to the Town, upon pa>anent of the arrears due to them, offering
to serve for a stipend of 2500 merks wliile the Town remained so burdened
with debt. The Council accepted the offer as a temporary arrangement.*
THE TOWN'S COLLEGE.
At this tune appears for the first time the College Coimcil, whose
deliberations, though recorded in the same volume, are differentiated from
the acts of the Towti Coimcil regarding the institution. The appomtment
of professors, new buildings, the receiving and allocatmg of legacies and
the purchase of lands lay with the latter. The former dealt with the
revenues, including the stipends of ministers, whose parishes formed part
of the College endowment. They attended to repairs of the fabric and
had certain disciplinary powers with regard to both professors and students,
though the making of rules rested with the Council.
Until 1650 there was considerable activity as regards building. In
April 1642 a site was chosen for a new hbrary.^ General Sir Alexander
Hamilton gave 2000 merks towards providing a roof for it in 1644.*
Legacies were made for provicUng chambers and the Coimcil diverted to
that purpose a legacy given for a biu'sar.'' They seem to have reahsed
that these extensions were haphazard for, in December 1647, alterations
were ordered to make the appearance of the chambers more uniform.*
In 1655 the College Council decided that the preferential right of builders
to the chambers should cease.^ The Town Council made some extensions
to the area of the College, buying the house, formerly property of Su- James
Skene of Curriehill,!" and, m 1649, acqiuring land for " yards " to the
CoUege."
1 p. 383. 2 pp 292, 294. ' P. 320. * Pp. 341, 368, 372. ^ V. 6. « Pp. 58, 59.
' Pp. 23, 59, 106, 198, 202, 206. » Pp. 135, 136. ' P. 373. »° P. 19.
" Pp. 197, 198 See alBoCrawturd'a History of the C7»wra«7^ for hia account of the building.
xl INTRODUCTION
There was, as usiial, change among the professors and regents. In
1642 the appointment of Otto as professor of Hebrew and oriental languages
is noted. 1 A review of the College treasurer's accounts in 1653 notes that
a payment was made to him in 1649. On this autliority it would appear
that Otto held the professorsliip for some time.^ The troubled times were
responsible for some difficulties. In 1649 Mr Robert Douglas succeeded
Mr Andrew Ramsay as rector, since the latter held unpopidar views on
current events.^ In 1652 Mr William Colville, a former minister in the
Town dismissed for his opuiion of the Engagement, was leeted for and
then elected principal.* Both steps were opposed by the ministry in
Edinburgh on the grounds that the Assembly should have been considted
and that he lay under the censure of the Church. He held the post for a
short time only. In January 1653 it was recorded that the Judge Advocate
had suggested a new prmcipal, and Mr Robert Leighton was elected.^
The ministers again refused their concurrence, probably because of the
judge's intervention.
The chstiu'bed years affected the students. Public laureations, or
graduations, were abandoned in 1645 because of the pestilence^ and,
OAving to the troubles in the State, were not resumed until April 1655.
By this the College library suffered, losing the books wliicli graduating
students were obliged to present. Because of the pestilence, the College
was transferred to LinHthgow for a time.' As a result of the unrest there
is Uttle mention of the students. In 1647 new rules were added to the
existing ones, increasing the penalties for late return to College. Later
rules of the same year dealt with matriculation, private study, teaching
on Sundays and reports of progress.*
Legacies were frequent during the earlier years of this record. Most
were for biu'sars, some like those of Sir Robert Demiiston for bm-sars in
general, others lilve those of James Dalgleish and Mr William Struthers
for bursars of divinity. In 1646 a large legacy was received from Sir John
Buchanan of that ilk for bursars and the hbrary. The other Scottish
colleges also were beneficiaries mider liis bequest, and the Town Comicil
was appointed to acbninister the legacy to St Andrews.* An act of 12th April
1647, repeated later, ordered that a tablet should be placed m the hbrary
recording the names and gifts of all benefactors. i"
The financial affairs of the College were not too prosperous during the
period. The Estates at Martinmas 1648 owed it 18,873" 7s 9^ and by
1650 the borrowed money had mcreased to 52,631", of which the interest
alone was paid. In 1643 and 1649 the Council found that the College was
1 p. 2. 2 p. 315. 3 p. 183. 4 Pp. 276, 278. ' P. 326. • P. 67.
' Pp. 78, 84, 88. 8 Pp. 117, 118. » Pp. 97, 217. i» P. 117.
INTRODUCTION xU
being defrauded of a part of its income by the hammermen's possession
and use of private mortcloths. The practice was forbidden and the
mortcloths bought for the College.^ A complaint by the regents that their
pay was inadequate was met by a temporary increase till an " oeconomie "
should be arranged. In 1647 the CoUege mcome from chm-ch lands
amounted only to about SOOQi'.^ Still the prospect of the loss of this
suni by the State's poUcy of abolishing all mortifications of chm-ch lands
was serious. It was prevented by the English occupation.
Several acts deal with the growth of the library. New librarians were
appointed. In 1647 it was agreed by the College Council that, once a
year, the Rector and assessors were to examine the hbrary and the
expencUtiu-e on books.* In 1649 the Provost presented a copy of the Bible
in ten volumes printed at Paris.* In the same year several unwanted
volumes were exchanged for a copy of Plutarch's Morals.^ Later it was
arranged that a fireplace should be made there, clocks placed and the
presses lined.^ In November a Greek book was presented by an unnamed
Greek stranger, to whom 500 merks were given. Tliis was the Ai'chimandrite
of Cephalonia, recommended by the Committee of Estates to the boixnty of
lovers of religion and learning and commending him for his desire to promote
the " orthodox " rehgion.' It may be doubted whether the Ai-chimanch'ite's
interpretation of the word " orthodox " was the same as the Estates.
THE TOWN'S SCHOOLS.
There are few entries regarding either the grammar or vulgar schools.
Some doctors in the former were changed. It was dismissed because of
the plague in April 1645 and did not meet again till March 1646.^ In
October 1649, at a time when all other stipends were rising, the pay of
the doctors was doubled.^ In July 1650, Mi' Hew Wallace, master of
Haddington School, was appointed in place of the late master, Mr William
Spens.^" There had been some delay in making this appointment, for a
payment is recorded to a doctor for acting as master for fovir months. ^^
The school was dismissed at the approach of the EngHsh array and apparently
did not resume till November 1651. As the school buildings had been
plmidered by the sokUers, Lady Yester's church was prepared for its
temporary accommodation. ^^
In 1652 the doctors petitioned the Comrcil for jiayment of their salaries
of lOQii. The Coimcil instead reduced them to the old figure. A few
' Pp. 24, 202, 203. « p. 135. a p. 138. 1 P. 190.
6 P. 199. « P. 216. ' P. 219 and Appendix V. « P. 67, 81.
» P. 217. '» P. 242. " P. 259. ^' Appendix IX, p. 429.
xlii INTRODUCTION
months later, while allowing the master 200'' a year, they arranged that the
three existing doctors should have the pay of the fourth divided among
them till the place should be fiUed.^ In November 1653 the master was
included in a committee appointed to consider the progi-ess of the scholars
and students in the College. ^ A year later, with a petition for a fourth
master, were coupled requests for increased pay and arrears. The Council
appointed a new doctor, increased the pay of the doctors of the two highest
classes to 601', decreased that for the lowest classes to 40^' and paid the
master 200 merks for arrears.^
There is stiD nothing to show the number of vulgar schools. The
records note the appointment of schoohnasters, usually with the condition
that they might have to act as precentors. In 1645 two men were given
grants for the estabhshment of music schools. In 1647 the ciuriculum for
vulgar schools was stated as reading, wTitmg and ciphermg. In the foUowuig
year the master of one such school was selected to teach writing in the
grammar school. In 1654 the Council had to forbid the teaching of Latin
in these schools and summoned three of their masters for disobedience to
the rule.*
TRINITY HOSPITAL.
In spite of their preoccupation with other affairs, the Town Council
tm'ned their attention to the reorganisation of Truaity Hospital on a basis
which hardly altered during the remaining centuries of its existence.
A committee was appointed on 9th February 1642 to examine the
Hospital and to report. About two months later, the Coxmcil determined
that the place was to be " reformed " and additions biiilt.^ On 23rd May
1643 the alterations were described in detail, inclucUng the building of
partitions to form httle rooms for the occupants. Stones for the work
were to be taken from DingwaU Castle, the former residence of the Provost
of Trinity College, whose name it bore. From that date tiU 1650 there is
no mention of the work, but it must have been nearly finished by
27th February when the Council ordered several improvements and set
about finding someone to take charge of the Hospital, either man or woman,
and an " expectant " or student of divinity, to take prayers there. ^ By
13th March the person was found, one Bessie Hutchison, a widow. The
agreement with her was recorded at length. She was allowed iO^^ a year
for each of twelve imnates for bed, board and wasliing. There were to
be three servants, a man cook, who combined gardening with his work,
» Pp. 288, 316. 2 p 326. 3 p. 340 1 pp §7, 129, 178, 342, 349.
s Pp. 7, 27, 47. « P. 231.
INTRODUCTION xliii
and two women, a bedinaker and a laundi-ess. Among other things,
Bessie Hutchison was promised a place in the liospital in her old age.^
On 3rd July the new inmates were installed.- It was not for long that
this lasted undistm-bed. On 7th August preparations were made for
accommodating wounded soldiers there, ^ and at some time in that month
trenches must have been dug in the grounds for defence of the Town against
the impending invasion. These were still tliere on 29th April 16.53, when
instructions were given to have them filled in. At that time the masters
were allowed to have two cows to give millc for the Hospital.*
On 9th February 1655 a chaplain was appointed to serve the Hospital,
St Paul's work and the Correction House. His duties were defined by an
act of 7th March, wliich also arranged his salary and the provision of board
and lodging in a " cliief " place in the Hospital.^
ST PAUL'S WORK.
Within this building were housed the Correction House and tlie
manufactory, and it is difficult always to chfferentiate between the two.
The manufoctory existed for training poor children in spuming, weaving
and luiitting, the Coi-rection House for the restraint of incorrigible vagabonds.
Both had started experimentally under the Council, but the former had
been set in tack to Robert Trotter and his partners in 1641. The latter
had received Royal letters patent m 1634. The mamifactory, Ijesides
being a means of training children, was supposed to be a paying concern.
It is more than doubtful whetlier that hope was fulfilled. The concern
was faced with the difficulty that the manufacture of cloth conflicted with
the interest of the Town crafts. Consequently it was burdened with so
many restrictions that any profit must have been negligible. Tliat it
existed at all was j^ossible chiefly tlirough the sujijJort it received as charity,
by legacies and from the kirk sessions.
The contract of 1641 apparently ended in Marcli 1647 and tlie matter
came up for discussion. ^ The tacksmen undertook to forego any loss
incurred by them through the Council's non-fulfilment of the conditions
of the tack. It is not stated that this was renewed, but the tacksmen seem
to have remained in control of the manufactory, for the CouncU engaged
to pay them the interest on their father's legacy to be used for the
manufactory there and at Bonnington Mills.'' On 22nd September 1648
an act records that the tacksmen had repaid to the Council £1000 sterling
left formerly to the work by Heriot's executor, Robert Johnston. On
23rd February 1649 the Council ordered proclamation that the tack was
' P. 233. 2 p. 242. 3 P. 255. ■• P. 313. ^ pp. 366, 368. » P. 112. ' P. 125.
xHv INTRODUCTION
open to offers, stating that the work might be profitable if it were well
managed. There can have been httle competition for, on 27th April,
Robert Trotter obtained the tack of the manufactory and of the Correction
House adjoinhig it. The Council engaged to repair the buildings, to
provide cliikken for the work, to pay interest on all legacies and to obtain
from the kirk sessions £100 sterlmg a year for the Correction House. The
tacksman undertook to train the childi'en, feed and clothe them. He
engaged to provide separate rooms for male and female occujiants of the
Correction House and to appoint a master. Tliis agreement lasted till
1654 when the manufactory was set to two tacksmen. ^ The terms were
somewhat similar, but stress was laid upon the condition that no work
was to be received from outside sources. All mamifacture was to be " from
the wool to the merchant " and apparently was intended chiefly for export,
as less likely to prejudice the Town crafts or merchants.
THE TOWN'S SUPERIORITIES.
It was not a time in which the Town Council could have been expected
to do much to extend then- borders. The peaceful years of Charles I's
reign had seen the gratification of the Council's old desnes in the acquisition
of North Leith, Canongate and Pleasance. Yet, in spite of war and other
troubles, another addition to the Town was acquired, and negotiations
begun for a thu'd piece of land. The need for possession was obvious.
Outside the wall lay to the south the subiu-b of Potterrow, and to the
west the suburb of West Port, both outside the Council's jurisdiction,
and potential if not active nuisances. Belimd the north side of the
Grassmarket, below the Castle, lay King's Stables and the Barras, which
also attracted their attention.
To the acquisition of the former two the Council turned then attention.
By means of their Clerk, William Thomson and Sir Adam Hepburne of
Humbie, the superiorities of West Port and Potterrow were bought from
the Lau'd of Inverleith for 20,000 merks.^ A charter imder the great seal,
dated 4tli April 1649, erected these into a biu'gh of regality as the Portsburgh,
but the later charter of 1663 describes it merely as a burgh of barony. A
clerk to the new burgh was appointed in April 1649, baihes a month later,
and a seal was approved in June of the same year.^ Arrangements were
made for holding a head coiut at Bristo in October, to wliich the crafts of
Potterrow and West Port were summoned, bringing their seals of cause
and other authorizations for trade.* Unlike the inhabitants of Leith and
Canongate, the Portsburgh men jiroved tractable. They made no objection
» P. 351. 2 Pp. 151, 156. ' Pp. 197, 201, 204. * P. 213.
INTRODUCTION xlv
to the limitation of the numbers of vintners and tapsters or to the payment
of yearly dues, and in March 1650 these persons were elected. ^ A few days
later colom-s were ordered for the two companies of the new burgh and
arms were lent for the use of such inhabitants as had none.^ When the
English attack was feared the uiliabitants helped with entrenchments
beside the Society windmill and horses were commandeered from them for
the use of the Scottish artillery.^
In April 1652 the inhabitants were authorised to procure a Tolbooth
for the barony at their own expense,* which they contrived to do. About
a year later the maltmen petitioned the Council for a lower entrance fee,
a desire granted for the ensuing fom* months.^ In November 1654 a question
arose whether Portsburgh and Pleasance were taxable with the burgh or
the shire.® No settlement is recorded, but it is probable that the Town
secured the right. In June 1655 the bm-gh was allowed to repau- a loft in
St Cuthbert's, allocated to the Town Council, for then- own use, saving
the Council's right to it.'
Having acquired these superiorities, the Coimcil turned next to the
acquisition of Kmg's Stables and the Barras. The land had passed from
the Crown to private persons and from the last of these, James Boirland,
the Council resolved to acquire it. Negotiations were begun in June 1649
and were resumed only in March 1655, without reaching an agi'eement.
It was not till after the Restoration that the property was acquired.
The superiority of the King's Wark added to the Council's posses-
sions in Leith. Originally Crown property, it had been conveyed to
Bernard Lmdsay as a barony and, as such, had been always outwith
the jiu-isdiction of the baihes of Leith.^ It was acquired from Lindsay's
heu-s by Sir William Dick and was taken over from Su- WiUiam in a trans-
action complicated by his mdebtedness to the Town.* The Council's
possession of the place was queried by the Commonwealth officials, in spite
of the fact that their titles were in order, on the pretext that it was still
Crown property. On 1st September 1654 the Council were obliged to
give bond that, if the property were found to belong to the late King, they
would repay all the rents collected from it by them.^"
BUILDINGS IN THE TOWN.
In spite of other distractions there were some buildings in progress
in the Town dming these years. Of the most interesting, Heriot's Hospital,
little is found smce the Council had not sole control of the work. Its
1 Pp. 228, 236. 2 Pp. 236, 238. » Pp. 249, 259. * P. 277. » P. 312.
P. 355. ' P. 378. » City Charters. » P. 119. »» P. 346.
xlvi INTRODUCTION
progi'ess is mentioned once or twice. In January 1643 steps were taken
to get lead from England for it, for the church at the Tron and the College
library.^ In April 1644 the Hospital treasurer was authorised to demolish
a part of the To^vn waU to make an entrance to the new building.^ Tliis
entrance was from the Grassmarket at the spot known as Heriot's Bridge.
An alteration of the design was reported in January 1648 by the Town's
master mason and master \\Tight, by which the south-west tower was to
be taken down and made uniform with those on the north side.^
The ParUament House was virtually finished. The last accounts were
passed in January 1642. The Coimcil appear to have taken pams to
improve its sim'omidiiigs. New shops were built by them in the Parhament
Close and let only to goldsmiths, bookbinders and other respectable trades.*
Crames or stalls were forbidden Ln the close and oak rails were put round
the north side of the church and at the Lady Steps.* Another plan for the
decoration of the close was never finished. It was plamied to set up the
outer gate of the Castle at the entrance to it, but the EngUsh invasion
interrupted the work which never was finished.^
The second of the great undertakings, the church at the Tron, was
finished slowly.' In December 1642 an agreement was made with Jolm
Mihie for completion of the stone work by Michaelmas 1643 for £.500 sterling.
He must have fulfilled his share of the agreement for, in Augiist of that
year, it was reported that the chiu'ch was ready for roofing. There was no
money in hand and the Council ordered tlie borrowuig of 60001*. j^
December it was agreed to build the steeple thirty feet liigher at an
additional cost of 1000 merks. Towards the end of 1644 it was reported
that the chiu-ch was ready for the wooden roof. The matter of the outer
covering for the roof was much debated and slow of performance. First,
it was settled to roof it with lead. Then copper was chosen, and various
persons sent to Hambiu-g to procm-e the metal and study the way of its use.
This was costly, the estunated price being 8000''. For all the Council's
efforts, the roof was not finished in 1652 and had not been paid for, and
ultimatelj' one aisle had to be covered ■nith lead. Little is recorded about
the finishing details, save that a gallery was to be built and a porch with
double entrances.
The church at the Castlehill, planned at the desire of Charles I, was
never fiioished. The Council had every intention of completing it, but
the revenue from the merk per tim, set aside for the purpose, was not
sufficient and by November 1646 the work was in debt to its treasurer to
so great an extent that building was abandoned until he should have been
1 p. 22. 2 p. 45. 3 p 142. * Pp. 14, 25, 224, 228. ' Pp. 21. 139, 224, 228.
« Pp. 207, 209, 237, 241. ' See Index for aU entries.
INTRODUCTION xlvii
repaid from the impost.^ Towards the close of 1648 the Council ordered
that stones collected for the building should be used for the repau- of
St Giles steeple.^ It was said to be a temporary loan, but in 1653 it appears
that the work was definitely abandoned. The reason probably was financial,
but the abandonment led the Council mto considerable expense in sub-
dividing their existmg churches to provide accommodation for the increased
number of parishes. Also Lady Yester's gift of a chiu'ch possibly induced
the Covuicil to give up a work wliich they had undertaken unwillingly.
No new buildings in the Town are recorded after the English occupation.
Indeed tlie Council liad more than enough to do in repairing the churches
damaged by the EngUsh sokUers, and were forced to arrange that the
parishioners of the College and Greyfriars' Churches should be responsible
for most of the repairs. They also were jiut to considerable expense in
subdividing the Mid Church of St Giles and Greyfriars' and in providing
extra galleries for accommodation for the congregations. St Cuthbert's
Church, too, was divided.
EDINBURGH MARKETS AND TRADE.
On the whole the Council had not much trouble over their markets.
In 1642 the old problem of the Monday market, abolished by act of Privy
Coimcil in 1592, reciured at thp mstance of the ministers.^ The prevalence
of forestallers and regraters was responsible for a lengthy act reorganising
the supervision of markets and selling prices for victual.'' It was over the
cattle market that the Council had most cUfiiculty. There was constant
difficulty in compeUing landward persons to bring their cattle and sheep
to the House of Muir or the West Port. It was the practice of intending
purchasers to meet the drovers before they arrived at eitlier of these places
and make their bargain without payment of customs to the Town. A
rival market at Brighouse Knowes was also a som'ce of trouble to the
Coimcil. It is mentioned first in an act of July 1644.^ Nearly ten years
later the Council turned their attention to the subject again. A proclama-
tion was issued against forestallers of the market at House of Muir.® This
proved ineffectual and the Coimcil obtained from the Enghsh authorities
an officer and twelve soldiers to accompany their representatives to Brighouse
Knowes to prevent a market there. In June 1655 certain members with
their escort went to that place and obliged the flockmasters to drive all
their sheep to the House of Muir.' Having done so, they passed from all
1 Pp. 105, 111. * p. 182. s p. 7. 4 Pp. 15.7.
* p. 50. So far as can be ascertained the place seems to have been at West Linton,
where famous sheep markets were held.
8 p. 328. ' Pp. 379, 380.
xlviii INTRODUCTION
punishment for that time on condition that no more markets should be
held in that place.
The matter of trade within the Town occupied the Covmcil to some
extent. In January 1642 they enacted that burgesses living outside the
biu"gh, but engaging in trade there, were to be treated as imfreemen.^
Three cases are noted of Enghshmen tradmg in the Town or the Canongate
and all were fined, and in 1648 a Frenchman from Rouen was fined the large
sum of 500 merks for selhng merchandise in Leith and in Edinburgh.^
These entries, relating to foreigners caught breaking the law, suggest that
a number of strangers must have frequented the bm-gh for trade. Tliis
is borne out by an act of July 1649 ordering all offers of goods by strangers
from England, France and Holland were to be made in Scots currency for
avoidance of fraud.*
The plantation of English merchants in Leith was a vexation to the
Council, since these ignored the restrictions on trade which had always
been inii^osed on the port. The Council found it expedient to concede
what they could not enforce. It was noted in November 1654 that they
had tried vainly to collect the merk per tim and per pack from the Enghsh
merchants. Therefore, alleging the recent Union as a reason, they exempted
from that impost all Enghsh commodities brought either by land or sea.*
Considerable attention was paid to foreign trade. Fifteen acts record
bills of health given by the Coimcil to ships, trading chiefly with Sjiain.
These show tliat exports were cliiefiy Scots and French hnen, timber,
wax and woollen materials. The nature of the retiu^n cargoes is not usuaUy
stated, though, in one instance, it is noted that a captm-ed shijj was laden
with Spanish wool. Cargoes brought for the Town's use, as apart from
private ventures, were cliiefiy timber from Norway and the Easter Seas,
though arms and ammiuiition were imported on a large scale both for the
To^vn and tlie nation.
Risks attending overseas trade were great durmg most of the period.
In July 1642 a Leitli ship was captiu:ed by a " Biscayner " man-of-war.
In 1647 a ship was captured by an Irish frigate from Wexford. Shortly
afterwards the Council records mention the use of convoys. An act of
April 1648 shows that Dutch ships were convoying Scottish ones from
Campvere. In 1649 a reqiiest was sent to the Prince of Orange, the
magistrates of Campvere and the admiralty of Zeeland for further convoys.
An attempt was made by Parliament to equip merchant ships for this
purpose and an Edinbm'gh merchant was charged with the work, costly
in so much as he had to find £200 sterhng for the purpose. He received
no payment till, in 1654, the Council paid him themselves. Stfil the
1 P 2. 2 Pp. 14, 41, 117, 179. » P. 205. * P. 356.
INTRODUCTION xlix
precaution did not prevent further losses. An act of May 1650 recorded
the capture of a Leith ship, employed on public service, betrayed by her
captain and taken to Haarlem. In Sejjtember 1652 another merchant
suffered from the Aiaglo-Dutch war. His ship, bound from Bilbao to
Amsterdam, was taken by an Enghsh man-of-war. In 1655 a i:)roposal
was made to the Council by a London agent to take steps for recovery of
Scots losses from the French. There is no indication how much such a
proceeding was necessary.
DOMESTIC AFFAIRS— THE FREEDOM OF THE BURGH.
It had ever been the practice of the Town Council to admit to the
freedom of the burgh the i^ersons whom they desired to honour, or proteges
of such persons. That this was discountenanced by the Convention of
Burghs was usually disregarded until it became necessary to impose some
check upon such admissions. It had become the custom also at the rare
visits of Kings to admit to the freedom most of theu' retinue, persons who
had not and were not likely to have any comiection \vith, or residence in
the burgh. During the Commonwealth and Protectorate the Council
admitted indiscriminately officials of the English government, and officers
of the army as well as persons recommended by them. In 1550 the Council
became conscious of the possible abuse of numerous admissions, and
appointed a committee to seek all acts of the Convention and of their
own against gratis burgess-ships. Few are recorded in the proceedings
of the Convention, but there were several of their own, all equally dis-
regarded. On 10th March 1654 they enacted that no Scotsman siiould
be made burgess or gildbrother gratis, an attempt at a restraint wliich left
them free to conciUate the English by such admissions.^
A differentiation is foimd in the formidas used for admission at this
time. Admissions were made by the Provost, bailies, dean of gild and
Council or by the dean of gild and his council. The former seem to have
officiated in the cases of freemen who were not hkely to become residents and
to whom the grant was merely comphmentary. At a later date the names
of such came to be recorded in a special volume as " Council Bm-gesses,"
a distinction corresponding roughly with the present honorary freeman.
Other distinctions are made in the admission of freemen of wliich the purjiort
is not clear. There were those who were admitted upon payment of the
dues, which the dean of gild was ordered to repay. Many of them would
use the privilege as traders and residents, but the exact significance of
exacting and repaying the burgess dues was never explamed. A further
1 P. 333.
d
1 INTRODUCTION
difference was made between admissions " in common form " and " in
most ample form," or " in the best form." Those acbuitted in common
form were usually the nobiUty, officers and officials and other strangers
not likely to use the privilege. Those admitted in most ample form, if
not aheady residents and traders, might become so. Sometimes it was
stipulated that the privilege was personal and not applicable to their
descendants. There is one mstance of a merchant made freeman in
common form being readmitted m the best form for payment of the
orcUnary duty.^
In August 1647 was recorded an act of Council dated more than a year
earher, which raised the price of burgess-ship to 1601' and of gildry to
24011.^ There is no reason given why the act was not inserted at the time,
while the dean of gUd was authorised to act upon it. This tariff continued
till 1652 when the Council reduced it by one-third. The Town at that time
was full of refugees from other places and the Council chose to have them
as bm'gesses at a lower rate rather than as unfreemen.^ Still the price
was too high for the tunes and in 1654 the price of freedom was reduced
to the origmal sums of 100 marks for burgess-ship and lOQH for gildry.
The reduction was justified on the ground that freedom at so low a price
need not be asked as a favour.*
THE COUNCIL AND THE CRAFTS.
Relations between the Council and the crafts ajjpear to have been
amicable. There was one application for a change m the representation
of the crafts on the Council which was ajsproved without discussion. The
petition was presented in September 1648 by the deacons of the wrights,
masons, bakers, fleshers, weavers, waulkers and boimetmakers.^ They
stated that the remaining crafts had exercised for many years the right
to be ordinary deacons of Council to the exclusion of the petitioners and
that tliis discrimination had no basis in the decree arbitral of 1583. The
position was exactly as they clamied it. The cUscrimination dated back
to an act of Council in 1569 when they were excluded on the groimd that
crafts employed m " mennis svistentatioiui " being on the Council might
influence unduly that body to their own advantage. The petition seems
to have been unopposed by the other six crafts, and from that date the
petitioners, or at least the most influential of them, graduaUy found a
place on the Coimcil.
In disputes among the crafts the Council were called to arbitrate. There
was trouble between the surgeons and the apothecaries and barbers. The
1 P. 344. * P. 130. ' P. 288. " P. 347. ^ P. 169.
INTRODUCTION U
division between tke art of siu'gery wliicli was the exclusive right of the
surgeon and the kmdi'ed trades of barber and apothecary was vague. In
1642 the surgeons appealed against the barbers of Leith who had been
practising sui'gery.^ The Council supported the former and forbade the
men of Leith to use the craft without permission. In 1643 the surgeons
and apothecaries quarrelled.^ The latter had been prescribing for ilhiesses
and the surgeons ajji^ealed to the Council agauist this uifi-ingement of
their rights. A committee considered the case and reported to the Coimcil,
who gave judgment. This differentiated in some detail between the pomts
of the craft reserved to the siu-geons and those which the apothecaries
might jiractise. Among these last was the permission to the apothecaries
to prepare and admuaister medicines " inwardly." In 1649 the surgeons
and barbers united m a complamt against the mifree svugeons and barbers
of the Canongate, Leith and other subm-bs, and the bailies of these parts
were enjoined to see that none practised the craft or put up signs without
permission of the Edinburgh brethren.* Later in the year the Canongate
barbers were summoned before the Council for the same offence. They
protested that they had used the barber craft only and acknowledged that
they never had had either seal of cause or deacon, but worked at their
own hand.* In 1655 there was renewed trouble between the surgeons
and apothecaries in wliich the rights of the surgeons were confirmed by
the Council. The apothecary, against whom a definite complaint had
been made, protested against the decision ua a manner " unbecoming any
burgess." *
The troubled times produced a shortage of men in one or two crafts.
A shortage of slaters m 1648 was causing delay in the Town, and the Council
off"ered to grant freedom gratis to any fom- expert slaters presented by the
deacons of the masons and wTights. Tliis, however, does not seem to
have attracted the desired number of men.^ In 1655 the boimetmakers,
never an important craft, petitioned the Council, showmg how reduced
in number they were and how poor, and begguig for a reduction m the
bm-gess dues for four old servants of the craft. The Council granted the
petition.'
It was ui 1655 that the Council considered a representation from the
carters and sledders of Edinburgh who desired to be mcorporated in the
mamier of the carters and sledders of Leith. They wished to have their
Uberties and bounds defined and to be allowed a common " box " for the
support of then- poor. After exammation of the Leith organisation, rules
were approved for the Edinbmgh men upon that model.^ The candlemakers
» p. 15.
2 P. 38.
» P. 198.
« P. 206.
s P. 408.
« Pp. 160, 209, 221.
' P. 367.
« P. 376.
d2
lii INTRODUCTION
in 1643 were found guilty of having seized a freedom to which they were
not entitled, beside the lesser crime of seUing candles at extortionate prices.
The Council forbade then to appoint deacons and boxmasters or to admit
apprentices and freemen. The latter part of the pi'ohibition was relaxed
two years later, when they were allowed apprentices.^
Mentions of other crafts are few. There were several attempts to
compel the fleshers to find slaughter houses outside the biirgh, but of these
places the North Loch seems to have been the most suitable.^ In 1649
the masons and wrights had their powers of pidling do\v'n, altering and
repairing houses restricted. In 1642 the bakers received possession of new
lands ia the Water of Leith.^
THE TOWN'S FINANCE.
No narrative of EcUnbmgh affairs at this time is complete without some
allusion to money matters. That subject fiUed a large part of the Council's
time and was not the least of their anxieties. While it camiot be dealt
with in detail, some of the problems must be mdicated, and the siunmary
of the treasm-ers' accounts in Appendix IX speaks more eloquently than
much explanation.
The Common Good of Edinljurgh never had been adequate for the
demands upon it. Even dinuag the comparative prosperity of the close
of James VI 's reign the Council had been forced to add taxation for their
own purposes to royal extents. From Charles I they had obtamed the
grant of imposts to pay for public works inspired by Mm, but these, either
by negligence in collecting, or as a burden too great to be borne by trade,
were not sufficiently productive to cover the expenses for wliich they were
intended. In addition to this, royal taxation tended to recm- more
frequently, as tlie Crown rents became less adequate for their purpose.
When, in 1643, the nation found itself at war, the difficidties of the
Council became more pronounced. Though comparatively unaffected by
Montrose's campaign, the city's financial position was compKcated by the
epidemic which reduced the yield of the Common Good' and receipts from
trade, while payments for the maintenance of the army in England continued.
In the year 1647-8 the demands on Edinbiu-gh reached an unprecedented
height, for wliich the contribution towards the Engagement was not wholly
accountable, wliile preparations in 1649 and 1650 to resist the Enghsh
invasion bore hardly less upon the Town. The burdens during the Enghsh
occupation are not fully sho^vn m the treasmers' accoimts, for the " cess,"
the taxation for the army of occupation, does not appear in these. The
> Pp. 133, 324, 384. « Pp. 17, 353-5, 371. ' P. 5.
INTRODUCTION liii
Council recoris show the sums ordered to be levied for that purpose, but
not always the actual yield of the tax.
To meet all these claims the Council's one resource was borrowing.
They borrowed till the extents could be collected, and borrowed again to
pay the interest on their loans as well as the principal. The different Councils
of the period realised fitfully the extent of their iadebtedness, for attempts
were made to obtain yearly statements of their position. For the state
of the Town's finances the Council cannot be held whoUy responsible, as there
is no reason to believe that the contributions levied were in excess of the
inhabitants' capacity to pay. The trouble lay in the fact that the Estates
treated the Council as their banker, insLsting that taxes should be advanced
before there had been time to collect them, and demanding immediate
loans for various emergencies. Repayment took the form of remission of
a portion of later taxation or of grants of which the Coimcil had to become
collectors, which might be and, in the case of the excise, were problematic
in their yield. A finisher disadvantage of such proceedings is that the
extents were increased by the addition of interest on the money borrowed
to be advanced.
In March 1642 one term remained of the tax imposed in 163.3. The
Comicil also required 10,0001' spent on the reception of the King in 1641,
and imposed a tax of 40,000^' to be collected in two annual instalments.
The last instalment coidd hardly have been collected when the Estates
called for a loan to finance the army to be sent to England. Tliis was
to be imposed upon trade and upon land. By the inclusion of the latter
the CoUege of Justice and other residents, who were neither merchants
nor craftsmen, were included, though the Lords of Session were exempt.
It was impossible to collect the money in time and the Covmcil had to
borrow, adding a sum to the tax to meet the cost of borro^ving.^ The
agreement with the English Parliament had provided that the cost of the
Scots army should be defrayed by the English. For the meantime the
Estates had to finance the army and an excise was laid upon all imported
goods. It was not sufficient for the purpose and in February 1645 a tax
was imposed for the maintenance of the army. On 19th March the Coimcil
took steps for levying their share, based upon the number of men supphed
or who should have been supphed for the army by Edinburgh and its
subm-bs.- In view of later complaints by South Leith as to this tax, it
should be noted that the Council were responsible for settling neither the
quota of men nor the sum assigned for their upkeep. That was the work
of ParHament. The maintenance started as a temporary measiu-e and
finally became payable regularly. The Coimcil had difficult}' in collecting
' Pp. 4, 37, 41, 44. » Pp. 64, 68.
liv INTRODUCTION
it quickly and had to resort to boiTowiiig from private persons and institu-
tions. In order to compensate the Town, the Estates granted to the
CouncU the collection of a part of their owii excise, a gift wliich proved as
hard to collect as the tax.^ In spite of tliis and other concessions the
Estates owed the Town nearly 80,000ii in Jiily 1646, the mterest of which
was to be paid from the excise, while, at the same time, the Town was in
arrears with its maintenance.^ A few months later the Council were called
upon to supply £1000 sterling for Higliland garrisons. They protested
their mability to pay and finally the contribution demanded was halved.*
Although individual merchants of the Town were wealthy, the Coimcil
found it hard to produce tlie money requu-ed. The pestilence of 1645-6
dimuiished by about a hah" the revenue from the Common Good. Complaint
was made to the Coiuacil that people were refusing to jiay their taxes, and
they were forced to refuse to grant infeftments of lands or ammah-ents rnitil
arrears of taxation were paid.
Still the demands of the Estates continued. An advance of 60001'
was asked in February 1647 for one of the regiments retained at the dis-
banding of the army.* The siun was raised by loans from the baihes
and several coimcillors. A little later, for the equitable collection of
maintenance, a siu-vey of bvu-gh lands was ordered.^ But in April 1647
the Town was still hable for eight months' maintenance, after deductions
had been made on the gi'ounds of their misfortimes and previous advances.*
The tax to be collected amounted to 98,105" and the Council ordered this
to be raised " promiscuoushe " from lands and trade. A few days later
the Estates reduced the sum m exchange for an umuecUate payruent of
three months' maintenance, being 15,5221'. fhe Council borrowed the
money upon their bond.'
In the same year the Council took in hand the farming of the excise
on wine.^ There was some diificiilty over the transaction owing to the
attempt of one neighbour to take the tack privately. Early in January
1648 they offered to take the tack of the ale, beer and merchandise in
shire and burgh.* In February the treasiu^er was authorised to borrow
20,00011 for payment of the interest on debts, extending so far back as
1640.10 Not three months later the Coimcil had to offer 40,000' ' for the
Engagement. No lenders came forward from the uiliabitants and the
Coimcil borrowed from the Lords of Session and a gentleman of the King's
Bedchamber.il In addition to that sum, calls for maintenance continued
with a further sum for fitting out a man-of-war. i^
The change of government from the Engagers to Argyle's party brought
» p. 86. « p. 95. « p. 99. * p. 109. ' P. 110. « P. 114. ' P. 115.
' Pp. 118, 122-5. » P. 141. " P. 144. " Pp. 148, 150. " Pp. 151, 153, 159.
INTRODUCTION Iv
no relief. The Council, in September 1649, had to find 90,0001' for
maintenance, payment to Dutcli banliers for arms and to troops brought
fi'om Ireland.^ The renewed fortification of Leitli was to be met from
the excise, ah'eady assigned to them for the payment of advances, but
even that had to be borrowed for the tune. In November the CouncU
were ordered to get arms and ammimition from Holland and, in spite of
these demands, were tlu-eatened with horning for the Town's an-ears of
mamtenance.^ In February 1650 the Comacil farmed out the excise for a
sum to be used for the fortifications of Leith and m Jiuie accepted an offer
of the rest of then- own excise \vith the excise of East and Mid Lothian
for the same iise.^ In July the Comicil found it necessary to impose a
tax of 1 00,0001 i for maintenance, muiisters' stipends and the Irish regiments,
while the arrival of Cliarles II brought the extra expenses of liis household
and liis entertaimuent. To these were added the continued expenses
for fortification of Leith, money and provisions for the Castle and the
cost of fortifying Inchgarvie.* As if this were not enough, the Estates laid
on another extent and a few days later asked an immediate advance for the
artillery and inteUigence work. The Council found the captams of the
Town companies and fifty -eight neighbom-s able to lend the money.^
For the months when the Comicil did not meet the only record of
financial matters are the collector's accounts, and his expenditm-e was
limited to the immediate necessities of the Town and repans of the damage
done by the Enghsh army.^ Soon after the Comicil meetings started
is found an act as to the assessment, or cess, imposed for the Enghsh anny.
The fii'st mstahnent was £200 sterhng. In the beguming of January 1652
the Coimcil produced their plan for the assessment in the To^vn. If the
numbers are as they were given, an extraordinarily small munber of
inliabitants were liable for this tax, bemg only twelve hmidred and seventy-
seven. The highest payment was 4i' ll^ i'^ a, month and the lowest 16^.
This did not prove sufficient and, a few months later, a revised scale was
mtroduced, bringing the lowest payment to 8^. In this cess roll the
numbers who paid at the different rates is not stated.' In addition to
the cess it was noted in August that arrears of extents from 1646 to 1649
were stiU due.^ It was a difficult position for the Coimcil, even apart
from the fact that the uihabitants of Leith were refusmg to pay theii" arrears.
The Council again forbade infeftments to those who had not paid arrears,
and sent then- Clerk to London to obtain some reUef. This he aclueved
with a gift of 4^ on the pint of ale or beer. The Coimcil offered a gratuity
of 10,000 merks to the clerk and ordered the collector of this new impost
1 P. 212. = Pp. 219-221. ^ P. 240. " Pp. 242, 244, 245, 246, 247.
' P. 248. Appendix IX. ' Pp. 264, 279. » P. 290.
Ivi INTRODUCTION
to use it exclusively for pajanent of debts, taldng the creditors in rotation.
In September 1654 it was noted that arrears of extents for five years,
amounting to 46,4831' 9^ lO^ had been recovered. Another grant, of the
impost on tobacco and strong waters, was farmed out to an inliabitant
and might have helped to uuprove the Town's position, when the CoiuicU
suddenly was faced with a request for payment of an old debt due to the
Lords of Session, and threatened with horning and the sequestration of
Leith. The new grants had as yet not produced enough money for such an
emergency. The Coimcil obtained promises of loans from the neighbom's
to pay the mterest on the debt. This had been settled for only a few
months when the cess was raised to £230 sterling a month. To meet that
and other charges due to the occupation the ComicU extented the inliabitants
for 2760" Scots montldy.
In adchtion to the taxation for national purposes the To^tt. was bindened
with mipositions for relief of the Conunon Good and for redemption of
debt, such as the " merk per pack and per tim," the excise and the impost
on ale and beer. On the whole the yield from .such sovu'ces seems to have
been disappointing and the trouble of collectmg very considerable. The
new miposition on ale and beer, granted by the Protector, proved too
difficult to collect and the Coimcil made an agreement with the brewers
and maltmen of the Town and of the suburbs whereby the imposition was
altered to a charge of 41' 10^ on every bag of imground malt. South Leith
at first proved recalcitrant, but submitted to a decree arbitral pronoiuiced
by the English authorities in the Town's favour.
DOMESTIC AFFAIRS— THE PESTILENCE.
The pohtical troubles which beset the Town were comphcated between
the end of 1644 and the spring of 1 646 by the last great outbreak of pestilence
m Scotland. It has been said that the infection was brought by the army
from England, but the Coimcil records show that danger was feared from
shipping.^ To deal with the sickness the Council appointed a doctor,
Jolm Pauhtious, whose duty it was to visit all suspected cases. As the
pestilence spread, liis salary was increased, till the appointment of a new
doctor on 13th June 1645 probably marks the tune when he succumbed
to the plague. Many of the inliabitants of the Town seem to have been
seized with panic and to have fled. The Council ordered their return
under fantastic penahties.^ At the same time they ordered a strong watch
to be kept, partly to restrain the inhabitants, partly with an eye to Montrose's
campaign.* The attempted escape of the royahst prisoners in the Tolbooth
» P. 60, " Pp. 63, 71. 3 p. 64.
INTRODUCTION Ivii
was an anxiety added to the Council's cares at a time when they were
occupied witli plans for looking after the sick, disuifecting the Town and
preventing the flight of the inhabitants. All business in the Town came
to a standstill. The High School and College were cUsnxissed, the Com-t of
Session and Parliament left the city, and the trade, as is showai by the
Common Good's yield, diminished by one-half where it did not utterly
disappear.
By the beguiniug of January 1646 the worst of the epidemic seems to
have been over, and on 11th February a proclamation ordering absent
coimcillors to retiu-n shows that the Town was beguining to resume a
normal life.^ By the beginning of May the Council began to take stock of
the epidemic, to meet the cost of which a tax of 50,000 merks was necessary.
The expense of the epidemic in Leith was met by a tax on its inliabitants
of 20,000 merks. ^ But the taxation represents only a part of the loss
to the Town and there is no means of estimating the loss in population,
or the loss to individuals from tlie virtual cessation of all trade as well as
the absence from the Town of pubhc judicatories and of the College.
DOMESTIC AFFAIRS— DISTURBANCES.
It says miicli for the Town that, in a period of such confusion, the
inliabitants remained so jieaceable. There are one or two acts dealing with
cases of manslaughter, one unexplained riot,^ but only two incidents
attributable to the high feehng on pohtical matters rmuiing at the time.
An mcident reported in Jime 1 648 was due to the cUvergence of opuiion
about the Engagement. A Town baker, waUving the High Street fully
armed after 11 p.m., had met the Dulce of Hamilton, General of the Engagers,
and had insulted him. The magistrates, to testify their abhorrence of
such " seditious uproare," imprisoned lum diu'uig their i^leasme, tlu-eatened
him with the loss of his freedom and depiived him of his position as
heutenant.*
Similar high feeling possibly was responsible for the slanderous attack
upon the Provost and baihes by a merchant, Anchew Brand. ^ He was
smumoned before the Coimcil to answer to the charge, denied it, but
misbehaved liimself m then- presence. The case is reported at length.
Brand had accused the bailies of having been so drunk after an evenuig
spent mtli the Provost that they had been incapable of work on the following
day. The Provost, too, was said to have been confined to the house with
gout brought on by the same excess. Accorduig to Brand they had chunk
between twenty-two and twenty-fom- pints of wme m the evenmg. The
» P. 82. 2 Pp. 91, 92. » P. 124. * P. 152. ' Pp. 153, 154-6, 173, 261.
Iviii INTRODUCTION
Council examined witnesses, foiuid Brand guilty of the statements which
he had attributed to another umaamed, and cancelled his bui-gess ticket.
Some months later his wife petitioned for recall of the sentence, but the
Council only consented to this in September 1650.
DOMESTIC AFFAIRS— STREET CLEANING.
On 10th November 1643 the Council attacked the peremiial grievance
of middens on the streets, stating that all such not removed witliin a
fortnight woidd be confiscated. It was enacted that all " fulyie " must
be brought to close heads, whence it could be collected. To tliis end the
magistrates began negotiations with a man in PotteiTOw to fiu-nish a cart
and horse, with a servant. ^ In December 1646 the constables were
empowered to fine any person found laying dirt on the streets. Two
years later aU previous acts on the subject were renewed, with the adchtion
that any person might carry away the muck and middens.^ None of
these acts were of any use, nor was a proclamation in April 1649, which
pointed out the danger of defiling the Towii wells.* In May 1650 the
Comicil again tried to shame the uihabitants into cleanlmess, pointing
out that the state of streets and closes covdd not be seen in " any civill
cittie." * They thi-eatened pomduig of goods and unprisomnent, but
these penalties proved no deterrent.
In January 1652 the CoimcU tried a new expedient. The constables
were charged with the employment of the inhabitants' servants to carry
away refuse. From the north side of the Towii it was to be taken to the
North Loch, from the south side to places outside the West, Cowgate and
other ports. ^ This may have worked for a time, but in November 1653,
at the instigation of the English judges, the Coimcil had to attend to the
matter again. A committee was appomted, and inspectors chosen to
supervise the constables. The scheme was useless. In less than a month
the Coiincil comp lamed of the dungliills and filtliiness " to the shame of
the cittie, disgrace of the inliabitants and vyld reproach of neighbours and
strangers." They ordered that refuse should be earned to stated places
whence it might be taken to the country, forbade servants to lay muck
on the streets and authorised the constables to collect money for the work.®
In March 1655 the Cowgate was stiQ so fUtliy that the " brigstones " had
to be removed to let the refuse flow away freely after rain.^ In August
of the same year a contract was entered into with five men to clear the
streets daily for an annual payment of r200ii. They failed, if indeed they
1 Pp. 36, 38. 2 Pp. lOo, 182-3. » P. 197. * P. 237.
« P. 265. « P. 328. ' P. 369.
INTRODUCTION Hx
had ever begun, were called upon to refund advances made to them, and
the Council appointed Mi* Barrenger, probably an Englisliman, to take
over the scavenging of the Town.^
DOMESTIC AFFAIRS— PLAIDS AND OTHER MATTERS.
The Council were too busy with more pressing matters to give much
attention to the daily hfe of the Town. Lesser offences were dealt with
by the Town Com-ts. But one or two small matters seem to have been
judged important enough for theii- attention. Among these was the
women's custom of wearmg plaids. It was a form of dress to wliich the
Coimcil had ah-eady taken exception, apparently with no success.
Proclamations were renewed agamst the practice m 1644, 1645 and 1648.^
The pretext was always the same : that, wliile women would persist in
wearing plaids over their heads in the streets and m church, it was im-
possible to distmguish between " honest " persons and those of ill-fame.
The women of Edinburgh appear to have been indifferent to that possibihty
in spite of the severity of the penalty. An additional reason for fobidchng
the practice in 1645 was the fear that nifected persons should go abroad
hidden under their plaids.
The Council also frowned upon mmor festivities in the Town. That
lyke wakes and pemry bridals shoidd have been forbidden in time of
pestilence was natm'al, but in January 1648 a proclamation limited them
on the groimd of economy and forbade the emplo;yanent of paid musicians.*
Fhes worried the Coimcil gi-eatly at different dates. In 164.3 it was
forbidden to Ught fires on ships m Leith harbour, and in 1655 the first
public fire engine was boiight expressly for the port.* In January 1647
a statute dealt with the houses where inflammable goods were kept.^ But,
in spite of the warning of the great Glasgow fire m 1652, the inliabitants
of EcUnbm-gh proved careless and, as a consequence, experienced two bad
fires in one year,^ one startmg at the foot of Bess Wynd and the other m
the Ku'kheugh. The Comicil were sufficiently alarmed to order that all
dangerous trades shoidd be removed from the centre of the town, but,
save for the candlemakers, there is no evidence that these took effect.
In conclusion, one point in comiection with this period is worth noting. It
is the comparative frequency with which the Council called the neighboiu-s of
the Town to assist them in then- dehberations. With regard to the elections
they refused to consult them, but in these years of war and changes of govern-
ment the Council seem to have felt the need of their fellow burgesses' approval
in the measui'es, pohtical or financial, which they were forced to adopt.
1 Pp. 388-91. 2 Pp. 46, 66, 150. ' Pp. 66. 141.
« Pp. 35, 392. " P. 107. ' Pp. 353-5, 359, 360.
BOOKS AND MANUSCRIPTS
CONSULTED
Mauxtscbipts : —
Proceedings of the Committee of Estates (H.M. Register House).
Coiincil Register (City Archives).
Burgh Court Book (City Archives).
Treasurers' Accoiuits (City Arcliives).
Charters and Miscellaneous Documents (City Arcliives).
Acts of the BaUies of the Canongate (City Archives).
Books : —
Acts of the ParUament of Scotland.
Privy Council Register, vi, viii.
Records of the Convention of Royal Burghs.
Extracts from the Records of tlie Biu-gh of Edinburgh, iii, 1604-26, 1626-42.
Extracts from the Records of the Burgh of Glasgow.
Canongate Court Book.
Hamilton Papers, Supplementary Report (Hist. MSS. Commission).
Balfovu, Amials.
Nicoll, Diary.
Gordon, Soots Affairs.
BaiUie, Letters and Journals (Scottish History Society).
Charles II and Scotland (Scottish History Society).
Scotland and the Commonwealth (Scottish History Society).
Scotland and the Protectorate (Scottish History Society).
Proceedings of the Commission of Assembly (Scottish History Society).
Journal of Thomas Ciuiningham (Scottish History Society).
Crawfiu-d, History of the University of Edinburgh.
Rait, Parliament of Scotland.
Petrie, Letters and Speeches of Charles I.
Buchan, Montrose.
Hilaire BeUoc, Cromwell.
Davidson and Grey, Scottish Staple at Veere.
Robertson, South Leith Records (First Series).
Robertson and Wood, Castle and Town.
Cameron Lees, History of St Giles.
Brunton and Haig, Senators of the CoUege of Justice.
Hannay, The College of Justice.
J. A. IngUs, Sir Jolin Hay.
Maitland, History of Edinburgh.
Old Edinbiu'gh Club, xvii, Forbes Gray, The Candlemakers of Edinburgh.
Chambers, Domestic Annals of Scotland.
EXTRACTS
FROM
THE RECORDS OF
THE BURGH OF EDINBURGH
JANUARY 1642— DECEMBER 1655
[Council for 1041-2 : Provost, Sir Alexander Clerk ; Bailies, William Gray,
John Trotter, John Fleyming, John Pearsone ; Dean of Gild, Archibald Tod ;
Treasurer, WilUam Trotter ; Council, Sir WilUam Dick, William Reid, John
Smith, James Murray, Patrick Baxter, Peter Blaikburne, John Bynnie, William
Dick [younger], James Stewart, George Walker, Richard Maxwell, saddler,
James Fentoun, tailor ; Deacons, Thomas Paterson, tailor, James Guthrie,
skinner, James Rig, surgeon, John Ormestoun, hammerman, Thomas Cleghorne,
goldsmith, James Edgar, shoemaker ; Exlraordinary Deacons, Thomas Somervell,
furrier, Alexander Cleghorne, wright, James Hamiltoun, mason, Robert Steill,
baker, Robert SkirUng, flesher, George HiU, weaver, John Crystiesoun, waulker,
Robert Lauchlane, bonnetmaker.]
Ith January 1642.
Ordaines William Trotter thesaurer to clois up the twa clowsses within [Howfat
tlie liowfe of Leith and to doe all thinges neidfull for fensiiig the said
liowfe both within and without the same be advyce of Jo° Mylne and
Jo^ Scott.
I2th January 1642.
[The accounts of the treasurer for the Parhament House for the years 1639
and 1640 are passed. For the first year the charge was 9,249^1 13^ and the
discharge 12,996^' IP, leaving a debit balance of 3,746" IS^. The second year
the charge was 5,958" 18s 8^ and the discharge 7,540" 12^ 6^. So the Town
owes to the treasurer for that year 1,581" 10^ 10 J.]
14:th January 1642.
Understanding that M'' John Logane minister at the kirk of Sowtrey [Mini»ter at
Soutra 1
is ane borne bairne in this town of good literature and quaUficatioun and
for divers other causes motives and consideratiouns moveing them Theii-foir
they grant unto iiini in frie gratuitie during liis residence at the said kirk
and dureing their will and pleasure all and haill the number of eight bolls
A
EXTRACTS FROM THE RECORDS
[Church in
west part of
St Giles.]
aittis to be payit furth of the reddiest of the teyndis of the parochin of
Sowtray.^
2lst January 1642.
The counsell haveing appoynted the west pairt of St Jeills churche to
be ane churche for the north west parochine of this brugh and considder-
ing that the same must be repaired in windowis and the loft taking down
and uther tliingis necessar Theirfoir the counseU ordaines the same to be
repaired. . . .
22nd January 1642.
[James Rae elected bailie vice the late John Fleyming.]
[Professor of
Oriental
Languages.]
[Armoury.]
26th January 1642.
Considering that they had caused bring home Juhus Conradus Otto
to be ane professor of the Hebrew and orientall tongues Theirfoir they liave
thoght good to tak ane yeii'is tryell of the fruites of his labour and learning
and for his interteinement thay allow unto him the soume of twelff hundieth
merks. . . .
[A discharge is to be given to Sir WiUiani Dick upon his payment of £1,000
sterUng to the masters of tlie hospital, in full of the £3,000 owed by iiim to the
late Mr Robert Johnstoun and bequeathed by the latter to the Town.]
The counsell haveing appoyntit to prepair the west pairt of S* GeiUs
Churche for ane churche Thairfoir ordaines the deane of gild to transport
aU the armour presenthe in the laicli tolbuith and under the Parliament
hous to that hows quliair the Exchequer did sitt of befou-.
[Non-resident
burgesses.]
28th January 1642.
Finding that divers of thair burgessis hes transjsorted themselffis from
hence and hes placed themselffis animo remanendi without the countrey
and yet does trade within this countrey to the no small prejudice of the
inhabitants of this brugh and calhng to mjmd that the commissioners of
the borrowis hes by divers actis decerned and ordained that all non resident-
ing burgessis sould be balden as unfriemen and fincUng that some of their
burgessis residing abroad does dayhe use trade in thir places Theirfou-
decernis all such to be balden as unfriemen and fra this tyme ar content
that they sail mak offer of their goods to the effect they may be sold in ane
Touns blok and if at any tyme heirefter any such sail trade in thir places
decernes their goods to be used as the goods of unfriemen and the actis of
ParHament to be put to executioun aganis them. . . .
1 The Council Records do not note liis appointment.
OF THE BURGH OF EDINBURGH 3
Ind February 1642.
Appo5mts to confer and revise the overtures and propositiouns proferd [committee,
be Hugues Lamy of Monholme to the Lords of counsell and direct be their proposals.]
LL. to tliis counsell Sir W™ Gray, Sir W^ Dick, William Trotter thesaurer,
[and two others]. ^
Ath February 1642.
The counsell condoUing the lamentable and deplorable estait of the drish
rebellion.]
many good Christians witliin the Kingdome of Ireland ^ who being forced
to flie to this countrey from the barbarous crueltie of tlie natives and comeing
hither are exposd to all kynd of necessitie, [orders a voluntary contribution
at the church doors upon Sunday a week hence].
Wi February 1642.
[George Gibsoun, schoolmaster, appointed reader In the N.W. church.
Sir William Dick's bond for £1,000 sterling was deUvered to the masters
of the hospital.]
Compeird the masteris of the hospitall and producit the consent and [Regulation of
approbatioun of the Ministers and Sessioun subscrivit be M"" Patrick Hospital.]
Hendersone^ in name of the sessiouns and ministeris to the bestowing
of the said sowme to the use of the liospitall And appoyiates M'' Alex''
Hendersoun M^Wm Colvin and M^ Ro* Dowglas M^ W°i Bennet and M^Andi-o
Ramsey or any two of them William Reid James Gutlirie with Jo" Pearsoun
baiUe and the deane of gild to confer anent the brmging of the said hospitall
to ane table and to report to the counsell.
[The treasurer is to build two lofts in the New church, one at the west end
and the other west of the King's loft. The Town's loft is to be removed from
the mid church.]
2^rd February 1642.
[Thomas Weir, pewterer, elected to the council ui place of the late Richard
Maxwell.]
Ordaines the collectors of the contributioun gathered at the Kirk doores [Refugeea from
. Ireland.]
upon Sunday last for releife of the poor distressed Irishe nienig to this
1 No allusion seems to be made to this in the Privy Council Records. The matter,
however, came before the Convention of Estates in 1645 (A.P.S. vi. (1) p. 372). It concerned
the Scots fishings.
- The Privy Council had recommended their case to the charity of the country on
2nd February (P.C.R. pp. 190, 191).
' Mr Patrick Henderson had been in the town's employment since 1609, when he succeeded
his brother Samuel as reader, precentor and master of the song school. He was precentor
of the Great Kirk before that of the New or East Kirk. He was made burgess and gildbrother
in 1629. In 1637 he was silenced for a time, in connection with his share in the National
Covenant. In 1639 he was appointed clerk to the six kirk sessions of the Town and it is in
this capacity that he signed the document noted above.
EXTRACTS FROM THE RECORDS
[Mr Robert
Johnstoun's
legacy.]
countrey to delyver the same to George Suittie merchand and the said
George to report upon Friday nixt that farder course be taken theiranent.^
[The treasurer reported that he had repaid seven bonds due by the Town,
amoimting to 12,0891' 16s 3" with the £1,000 sterhng, bequeathed by the
late M"' Robert Johnestoun and paid by Sir WiUiam Dick to the Council]
and theirfoir the counseU ordaines the said thesaurer to be dischairgit
with the saids sownies in liis comptis And siklyk understanding that
the said thesaiu'er had resaved the soume of foiu'scoir pund sterhng for
ane yeiris annuelrent fra tlie said Sir Wilham Dick of the soume of ane
thowsand pund sterhng left in legacie be tlie said umquhile M^" Robert
Jo°stoun for intertening of certane poore within the said brugh and tlie
counsell being willing that the said annuelrent sould be imployed upoun ane
pious use Theirfoir ordaines the thesam'er to give the same to Jo" Jowssie
thesaurer of the colledge to the use of the coUedge. . . .
[Legacy to
College for
bursars. 1
2bth February 1642.
[The late Mawsie Weir, widow of Richard Dobie, sometime Dean of Gild,
having bequeathed 1,000 merks for the support of two bursars in the CoUege,
Charles HamUtoun, one of her executors, employed the annualrent of the money
to that purpose. And the said late Charles HamUtoun having, m his will,
bequeathed the said sum to the use of the college, one of his executors produced
the money and received a discharge from the coimcd.]
[Taxation,
TowTi burdens.]
^ih March 1642.
Considering that there is yit resting of the taxatioun appojmted to be
uplifted from the nighbours conforme to ane act of counsell daittit the
twentie sevent day of Januar j™ vjc threttie fowT yeiris ane terme not
upliftit Notwithstanding that the counsell hes given satisfactioun to his
Ma : collector generall of all taxes appoyntit be the Parliament in anno
jm vjc threttie thrie yenis As also understanding that the nighbom's had
willinghe agried to ane taxt to be set for his Ma^'^s last entrie and comeing
to this Toun for the soume of ten thowsand jiunds conforme to ane act of
counsall daitted the twentie ane of Junij last By wliich and many uther
occasioims and bru-dingis lying upon the Toun their commoun good is
extremhe exhausted In consideratioun wheirof they have agried and
ordained that there sail be levied be way of tax the soume of fourtie thowsand
pundis in manor following viz. the soume of twentie thowsand pundis at
the feist of Witsunday nixt and the soume of uther twentie tliowsand
punds at the feist of Witsunday j™ vjc fom-tie thrie yeiris. . . . ^
1 See above, 4th February. - See Extracts, 1626-41, pp. 137, 138.
OF THE BURGH OF EDINBURGH 6
I6th March 1642.
[The late David Cruikshankis, merchant, bequeathed 500 merks to St Pauls [Legacy to
Paul's Work 1
Work] and . . . the lyk legacies being left to uther pious uses the com-
missioners had in respect of the debtis awand be the defunct niodified
and Uquidat the same to the soume of twa hundreth twentie njme
pundis, [therefore the council order the masters of the said Work to accept the
latter sum.]
18th March 1642.
Ordaines the thesaurer . . . with all diligence to repair the mid churche (Mid church.]
and to build ane new en trie theirto. . . .
[The masters of the hospital are to pay to Agnes Johnestoun, sister of the
late Mr Robert Johnestoun, who is necessitous, five himdred merks a year for life.]
25th March 1642.
[James Hamiltoun, tailor in London, left £1U sterhng to be distributed among
the poor prisoners in the Tolbooth.]
30th March 1642.
[James Cranstoun elected deacon of the shoemakers vice the late James
Edgar.]
1st April 1642.
Compeird Jo" Scott Masterwright and declaired that he had sighted J^^^^'^fJ^^
the haill timber quhich wes the loft of the old tolbuith and laitUe taken Tron.]
doun and did find there wes therein the number of ane hundreth and
twentie alken trees Quhairfoii- the counseU values the jieice of the said
timber to the soume of thrie pund and ordanes Robert Davidsoun thesaurer
to the repairing of the churche appoynted for the northwest parochin of
this brugh i to delyver the same to Laurence Henrysoun thesaurer for the
building of the Kirk of the southeist parochin of this brugh ^ and ordaines
the said Laurence to pay to the said Robert the said soume of thrie pund
for the peice of the said timber.
6f.h April 1642.
The counseU agries to dispone to the deaken and brethren of the ^{^^^^^^^"^ho^
baxters of this brugh and their successours all and haill that waist bounds of Bakers.]
lying alongs the Water of Leyth and that calsey leading fra the sklaitt
milne to the bridge over the Watter of Leyth in lenth from that eister wall
> Tliis was to be tlie west part of St Giles, formerly divided into the laich and the high
Tolbooths. See p. 2.
2 This was to be the church at the Tron, when finished. Till then the Mid or Great
Church in St Giles was allotted to them.
a2
6 EXTRACTS FROM THE RECORDS
of the kill sometyme standing there and now waist and ruinous to the
south putt or stool of the said bridge builded in aisler warke and in bredth
from the south syd of the watter to the said calsey with power to them to
build contigue to the said calsey and with provisioun qulier they sail not
build to uphold the dyk qiiherupoun the calsey is uphalden and with
provisioun they sail not impair nor damnifie the said calsey in no wayes. . . .
f Annuity to
last fnr seven
years.]
8th April 1642.
The Counsell finding that thair is a necessitie that some cours sail
be taken for payment of the ministers stipends quherof notwithstanding
of their great and assiduous paines they have bein disappo3Tited of that
dew payment they and their predicessoris lies resolved and concluded for
their better payment for ane tyme tiU moir constant and soUde means
be fund owt that the annuitie appoynted be his Majestie to be uplifted of
the inhabitants according to their housmaills and confirmed in the lait
ParUament sail be uplifted with all diligence beginning the first yeiris
payment at Witsunday nixt And farder the counsell declairis that this
course sail indirre for the spaioe of seven yeiris allanerhe and thaireftir to
expyre and ceas in all tyme comeing.^
[Xew College
Library.)
[Bishopric of
Orlinev.l
15th April 1642.
Forsameikle as the counsell haveing appoynted certane of then* number
with the Rector and Principle of the Colledge to visite boundis for building
ane librarie Quhich be the said Rector is offerd to be build upon the
benevolence of benefactours Quherfoir the counsell lies agried . . . that
the said librarie sail be build betwix the jam of the old hows and the stair
of the new hows.
20th April 1642.
Forsameikle as the counsell haveing procured of his Ma"^ the Bishoprik
of Orkney with the pertinentis Quheirof Robert LesUe brother to my Lord
Lindors did long befoir procuire ane tak for the space of twa nynten yeiris
' See Extracts, 1626-41, pp. xlii-iv, 191, 192, and note and Appendix i., p. 263. The
confirmation alluded to above is contained in the act of 17th November 1641 (A.P.S. v.
p. 535). This narrates that an act for a tax on house rents of 12,000 merks for tlie stipends
■was considered by the King and Estates and remitted to the Privy Council for consideration ;
that the Privy Council, by their decree of 18th March 1634, approved the act, with special
provision that the Privy Coimcil and Lords of Session be not subject to contribute ; that by
another act of 11th July 1637 the Pri\-y Council enacted that the advocates, clerks and
writers, as members of the College of Justice should be exempt, upon their voluntary offer
to contribute a " proportionable " tax ; that this was ratified under the Great Seal, at
Whitehall, 19th January 1636-7 ; that the offer of the advocates, writers, etc., was recorded
in the Books of Sederunt on 29th July 1637, without prejudice to their privileges and
immunities and accepted by the Town Council, and that, after the ratification of the above
date, the coUeotion of the annuity was to begin at Whitsuntide 1637.
OF THE BURGH OF EDINBURGH 7
with power of retentioun of twa liundreth pund sterling for his pensioun
owt of the first of the tak dewtie In consideratioun quhairof and of the
profite may redound be the said bishoprik to this toun for payment of the
Ministeris stipends Theirfoir the counsell hes all in ane voice agried . . .
that the said Robert his haill right sail be boglit and ar content there be
payit to him for the same the soume of fyftein hunder pund sterUng and
ordaines the Provest and baiUies to wryt to Sir Jo"! Smyth for ending the
said bargaine and for payment of the said soume. . . . ^
Ordaines the deane of gild to cans theik with sklaitt and fog the roofiF [East Kirk.]
of the eist Kirk with all convenient dihgence . . .
Forsameikle as the counsell and sessioun haveins caused visite the [New imimings
at Trinity
hosj^itall at Leyth Wynd foott and fincUng be their report that it is Hospitaij
expedient that the same may be reduced to ane table and that both the
housses be reformed and some other housses builded without the same
Theirfoir the counsell hes ordained . . . the Masters of the said hospitall
to reforme the saids howses and build the other according as the same
is projected . . . And theirefter ane cours to be taken for the table and
ordour to be keipit in the said hospitall and to tak doun such pairt of the
over pairt of Dingwall for the stanes theirof as they sail think meitt.
22nd April 1642.
[The late John Glen left in legacy to the council for the common cause
300 merks. This is delivered to the treasurer.]
20th May 1642.
[Peter Olyphant, servant to Doctor Arnot, to be received burgess gratis.]^'
25th May 1642.
[Mr Rutliven, brother to the late Earl of Gowrie,^ to be received burgess and
gildbrother.]
27th May 1642.
[The council, learning that Sir John Smith had concluded the bargain of the
bishopric of Orkney with Robert LesUe, appoint a committee to discover how
much money must be borrowed by the treasurer to make payment.]
Understanding that it hes bein haviUe regrated be the Kirk of this [Markets and
° " r ,• r.i profanatiou of
Kingdome and be the haill Estaitts laithe convemd the protanatioun ot the tiie sabbatii.j
» The charter of the rents belonging to the bishopric of Orkney, with tliose of the deanery
of Edinburgh and the right of patronage of St Cutliberts, granted for the sustentation of the
ministers, was dated at Holyroodhonse, 10th November 1641 (Historical Charters, No. 96).
See Extracts, 1626-41, Appendix xx.
= See Extracts, 1626-41, pp. 238, 242, for gift by Dr Arnot of 1,000 merks to the Town,
ntihsed towards the institution of two catechists.
= John, 3rd Earl of Gowrie, 5th Lord Ruthven, implicated in the mystery, known as the
Gowrie Conspiracy, and killed in his house at Perth 1000.
8 EXTRACTS FROM THE RECORDS
Sabboth day occasioned by the travelling of the countrey people upon the
said day for frequenting and repairing with their goodes to be sold upoun
the Moondayis mercatt of tliis brugh For remeid quheirof the said Provest
baillies and counsell lies statute and ordaind . . . that the thrie mercat
dayis of this brugh in all tyme comeing sail be upoun Twysday Weddensday
and Fryday weikhe and especialhe inhibits and dischairges all selhng of
skins wooll ledder butter and cheis upoun the Moonday in any tyme lieir-
eftir . . . under the paine of confiscatioun theirof and punishing of their
persones who sail sell the same the said day. . . . ^
28th May 1642.
[Commissioners Understanding that their is ane petitioun of many gentilmen and
PrhT c'oSSd?.] burgesses occasionaUie meitting heir at Edr to be presented to the lords of
his Ma"68 niost honorabill privie counsell and being be them humbUe
desyrit to assist in the presenting of tlie said petitioun And to that effect
to mak choos of some of their number to be commissioners for them with
the rest for presenting of the said petitioun as also to \^Tyte to such ane
number of the borrowis as might be convenienthe had Theirfou- they elect
. . . Joline Bynnie merchand and Thomas Patersone tailyeour to be
commissioners for them . . . and ordaines then- clerk in their name to
wryte to the brughis ... to send their commissioners for assisting the
said petition betwix and Moonday nixt at night. . . . -
1st June 1642.
[M' Thomas Pillons chosen a doctor in the High School.]
^rd June 1642.
[A bond by Sir William Dick in favour of the Town and the assignation
made by Robert Leslie of his tack of the Bishopric of Orkney were dehvered
to the treasurer.]
8^7i June 1642.
[The collector of the dues of the Bishopric of Edinburgli is to pay the stipend
of M'' Matthew Wemyss, minister at Holyroodhouse from the lands of Wrights-
houses, from the old feued parts of the Boroughmuir belonging to Sir WiUiam
Dick and from the teinds of Broughton.] '
' The matter of the Monday markets had been before the Town Comicil fifty years earher,
when the day had been changed. See Extracts, i^8g-i6o3, pp. 69, 70, 73. See A.P.S. v.
p. 301, for new prohibition of market.
- See P.C.R. \ii. pp. 260-3. The petition protested against the meeting of the
"Incendiaries" in Edinburgh and against any engagements with the King, which might lead
to disputes with the English Parliament.
^ The charter of the foundation of the Bishopric had granted, for its support, all lands
and dues formerly belonging to tlie Abbey of Holyrood, and in 1641, a part of the rents of
the aboUshed bishopric had been granted to the Town for the use of the College. See
Extracts, 1626-41, Appendix xix.
OF THE BURGH OF EDINBURGH
lOth June 1642.
Forsameikle as this day compeirit James Hammiltoun deaken of the [ReguiatioDs
^ ^ ^ . for Coopers of
maissouns and Alex^ Cleghorne deaken of the wrightis . . . and producit Leith.]
ane contract that past betwix tlie deakens for the tyme of their saids craftis
with consent of the memberis of the same on the ane pairt and the oversier
for that time of the cowpers of Leytli with, consent of the remanent of
their brethren for the tyme on tlie uther pairt daitted at Ed'' the twentie twa
of October j™ vj^^ and eleven yen-is and registrat in the books of counsell
and sessioun the twentie of October j^ vj^ twentie eight yeiris Beiring that
the said oversier and bretlu-en of the cowpers of Leyth haveing acknowledgit
the saids deakens and brethren of the saids maissouns and wriglitis of Ed^
to be their superiours in the heids and articles then agriet upoim betwix
them tiie saids deakens and bretliren . . . obleist them to maintain and
defend the cowperis of Leyth as law will in their rightis liberties and
priviledgis For the quhilks causses the said oversier and brethren of the
cowperis of Leyth . . . oblist them and tlieir successors to acqviaint the
saids deakens of Ed^ and their brethren befoir they sould admitt any into
their bodie and to present then" assayis befoir the saids deakens of Ed^ and
fowl- of the brethren of the cowperis of the said brugh and that within
the Town of Leith to the effect their assayis may be tryed be their consentis
And to mak payment to them of tiie equall half of whatsumevii- soumes of
money that sail happen to be gotten from them tliat sail be acbnitted to
the hbertie of the said craft As also to the equall half of quhatsumevir
soumes of money sail be gotten for booking and resaveing of prenteisis
As also that yeirlie befoir the electioun of their oversier they sould give
in to the saids deakens and brethren of Ed^ the names of fyve of their
bretliren cowperis in Leyth owt of the quhich number the saids deakens
and brethren of Ed'' sould give owt twa. off quhich twa they sail be halden
to choys one to be their oversier for that yeir And sould present him to
the saids deakens . . . for their approbatioun With divers uthers clausses
Quhich being sein and considerit be the Provest baillies and counsell of
Ed'' they ratifie approve and confirme the samen in swa far as the
acknawledging of the saids deakens and brethren of Ed^ superiours to the
saids cowperis in Leyth in the saids articles is no uther wayis to be under-
stood bot as under the saids Provest baillies and counsell. . . . and that
the authorizing of the said oversman of Leith is no uther thing understood
then the approbatioun of the saids deakens and brethren. ... In the
quhilks termes . . . hes ratified and approveu the said contract in raaner
abovewritten and . . . ordaines that the samen . . . saU remaine and
be effectual! betwix the saids deaken and brethren of Ed"" and the saids
10
EXTRACTS FROM THE RECORDS
[Sumpter
horses.]
oversman and cowpers of Leyth as ane perpetuall law and ordour amangs
them and successours mutuallie in all tyme comeing with provisioun
allwayes that the said deakens and bretliren of the maissouns and wTightis
. . . sail not consent nor admitt any to worke in the said craft in Leyth
nor conceill their names without they first present the saids persones with
their supphcatioun to the counsell of Ed'' and obtein their consent be
remitting their tryell to the saids deakens . . . And in caice they sail
admitt and resave anie persone who lies not obteind themseWes remitted
to the saids deakens in that caice the persones admissioun sail be voyd
and null.
I5th June 1642.
[Archibald Tod and Thomas Patersone commissioners to the Convention
of Burghs at Dundee.]
llfh June 1642.
Ordaines the thesaurer to cans mak twa clothis for the commissioneris
to the Borrowis for their sumpter liors. . . .
22nd June 1642.
[East Church.] Ordaincs the thesaurer with all dihgence to caus build ane loft in the
eist end of the eist chui'che. . . .
[Complaint
against Coopers
of Leith.]
2Uh June 1642.
[The sum of 200 merks of stipend is to be paid to M'' James Rae, second
minister at St Cuthberts from the rents of the Bishopric of Edinl)urgh.
The Town treasurer paid to the collector of Kirk rents certain annuals from
lands in the burgh and others to the Cohege, of which a hst is given.
The arrears of John Mylne, Master Mason's pension, from 1637 and amounting
to 873" 13^ 4'i, is paid to him.]
Anent the complaint given in be the deakens of the maissouns and
Wrights of this brugh . . . Agains Henrie Baptie pretendit oversman of the
Cowpers of Leyth [and twenty-four others, recounting the act of coimcU of
8 September 1619 by which no cooper in Leitli might work without permission
of the craft of wrights and masons and the contract of 21 October 1611]
Notwithstanding quheirof the said Henrie Baptie hes usurpit upon
him the place of ane oversier by the knowledge of the saids deakens
. . . contrair to the act Lykas his said bretluren hes usurpit upon them
. . . the electioun of the said oversier lykas also the said Henrie Baptie
and his brethren hes admitted . . . Alex'' Cuthbertsone . . . and sindrie
uthers to be cowperis in Leyth without ather Hcence obteind be the Provest
baillies and counsell of this brugh contrair to the said statute and in
manifest defraud theirof and without privitie or knowledge of the saids
OF THE BURGH OF EDINBURGH 11
deakens and brethren of the saids maissouns and wrights of Ed"' Nather
hes maid any payment to them of the half of the upsetts of the persones
admitted be them since the said tyme. . . . Beseilcand theii'foir the saids
Provest baiUies and counsell to punishe the said Henrie Baptie for his
presumptioim for taking upon him the said office and liis remanent brethren
for choosing liim contrau' to tlie said contract as also to cans him to mak
payment to the saids compHners of the equall halff of all soumes of money
resaved be them ather for prenteissis or uthers whom they have acbuitted
to worke in the said craft within the said Toun of Lejrth And last to dis-
chairge the said Alex'' Cuthbertsone and the subsequent persones above-
^vTitten of any farder working within the said Toun of Leith.
[The deacons of the masons and wrights bemg present and six of the coopers
of Leith, who could show no cause why the complamt should not be allowed,
the Council forbid Cuthbertsone and the others, eighteen in number, from working
at the craft in Leith.]
29th June 1642.
[Commissioners to the General Assembly at S* Andrews are elected from the
CouncU.]
The Provest baiUies and counseU patrons of the Universitie . . . with [General
advyse and consent of the Rector j^rofessors and regents theirof present *'''^™ ^
. . . chooses M'' Jo" Adamsone jirincipall of the said Universitie to be
commissioner for the same to the Generall Assembhe . . . the twentie
sevint of Julij nixt. . . .
Haveing efter the dissolving of the last generall conventioun of (Acts of the
borrowis halden at the brugh of Linhthgow intimat to them the fyft BurgL.]"
act of the generall conventioun . . . halden at the brugh of Irwing
anent the ratificatioun of the late covenant ^ And siclyk the sext
act of the last conventioun halden at the brugh of Lmhthgow anent
the rejiortrng be wTitt thes thingis ordanit to be reported be wa-itt
As also the tlu'ettie fourt act . . . anent the buying from unfriemen and
anent non-residentis As also the fowrtie act . . . anent owtland burgessis
As also anent the twentie thrid act . . . anent staple goodis and sta23le
port As also the threttie iyit act . . . anent the borrowis meitting
and voteing to remitting of unlawis and last the 41 act . . . anent the
suspending of Alex"^ Speir from being factor in the low countreyis and dis-
chairging of nighbours to imploy him Anent all which actes the saids Provest
baiUies and counsell does be thir presentis testifie and declah' that the
saids actis wer intimat to them be then- late commissioners in pubhct
counsell Lykas also that such of them as did concerne the inliabitants wes
lawfullie intimat to them bemg conveind to that effect or utherwayes
'■ This was the National Covenant.
12
EXTRACTS FROM THE RECORDS
published be sound of drum throw this Jjrugh be oppen proclamatioun
Lykas evir since they have bein cairfuU for keiping and observing the
samen in all the clauses and articles theirof As also doe declair that they
have bein cairfull to execut thes actis maid anent regraitters such as hes
bein dehnquent that way as they could come to the knowledge of them. . . .
[Minister at
Corstorpliine.]
I8th July 1642.
Appoyntis to meitt with M"" David BasiUie minister at Corstorphin
anent the augmentatioun of his stijjend cravit be him furth of the Bishoprik
of Ed'' Jo" Trotter bailhe Jo" Bynnie and Thomas Patersone and to confer
with him theiranent and to report.^
[Capture of
Leith sliip,]
[St Giles
steeple.]
22nd July 1642.
Grants testificat to Ai'chibald Tod (and twelve other merchants) that
the good shij^p calht the Barbara of Leyth quherof Wilham Robertsoun is
pairtner and Master taken be ane Biscayner man of warre as ane Hollands
shipp in respect of her fabrick and build in the moneth of May last bypast
perteins and belongis to the foirnamed persones as awneris and pairtneris
of the same.
29th July 1642.
[Agreement with M"' Andrew Fairfowll, minister at the north side of the
bridge of Leith for an augmentation of his stipend from the rents of the Bishopric
of Edinburgh.]
10th August 1642.
Ordaines the deane of gild to repair the lead cover of the stiple of
S' GeiUis and to tak doun the gutter about the eist kirk ami to theik over
the stair of the eist kirk.
[A committee is appomted to approach M'' George Gillespie anent his coming
to the burgh as minister.] ^
2Uh August 1642.
[A petition is to be sent to the Presbytery anent the admission of M"' George
Gillespie as a minister, as sanctioned by the General Assembly.]
26th August 1642.
[Presentation of the church of Wemj'ss is made to M"' Walter Greg, presently
minister at Balmerino, the charge being vacant by the removal of M'' George
GUlespie to the Town.]
' See Extracts, 1626-41, p. 180.
^ On 24th December 1641 {Extracts, 1626-41) he was named as minister of Greyfriars.
OF THE BURGH OF EDINBURGH 13
31s< August 1642.
[John Bynnie and James Guthrie commissioners to the particular convention
of burghs to be held on 1st September.]
9th September 1642.
[A letter is to be written to M"- James Wright, minister at Cockburnspath,
informing him that he has been chosen a minister in the Town.]'^
28th September 1642.
Forsameikle as the counseU haveing boght fra Robert Leslie his right tg^*"^^^^9f„f
of Orkney and hes given band to Sir Jo° Smith for the money payit theirfoir Orkney.)
Theirfoir ordanes the thesaurer as he sail ressave from Sir William Dick
the tak dewties of the said landis of Orkney to redeem so much of the said
band as weel of the bygane rentis as of the rentis to cum. . . . ^
[John Bjamie's accounts of the merk per tun for 1638-9 being heard, his
charge is found to extend to 3,822" 6" 8'' and his discharge to 3, .526" 13^ 4''.
So that the balance due to the Town is 29.5" IT^ 4".]
5th October 1642.
[Council for the year 1642-3 : Provost, Sir Alexander Clerk ; Bailies, Edward
Edgar, Robert Fleyming, Joline Kniblo, Archibald SydserfF; Dea7i of Gild,
Archibald Tod ; Treasurer, Thomas Moodie ; Council, Sir John Smith, Sir
William Gray, John Trotter, John Pearsoun, James Rae, Peter Blaikburne,
Wilham Trotter, Hew Hammiltoun, James Barns, Thomas Leishman, John
Turner, tailor, Andrew Ker, skinner ; Deacons of Council, Robert Meiklejohne,
skinner, James Denniestoun, goldsmith, John Scott, surgeon, Michael Gibsone,
tailor, Andrew Halyburtoun, hammerman, .James Cranstoun, shoemaker ;
Extraordinary deacons, James Pargilleis, furrier, Alexander Cleghorne, wright,
John Myhie, mason, James Bimiie, baker, Robert Skirling, flesher, Patrick
Cochrane, weaver, John Crystiesone, waulker, Francis Ker, bonnetmaker.
Steven Boyd, water ancl baron bailie of Leith ; John IngUs, baron bailie.
Henry Bannatyne, baron baiUe of the north side of Leith and Pleasance and
he and Harry Rae bailies of the regality of the Canongate.]
7th October 1642.
[The accounts of the merk per tun for 1639-40 show a charge of 2,674" 11^ 4^
and a discharge of 2,504", leaving a balance of 170" 11» 4^ due to the Town.]
12//i October 1642.
[The late Isobel Allane bequeathed 500 merks to the Hospital. A discharge
for the said sum is given to her executors.]
' See Extracts, 1626-^1, p. 245 and note. Wright liad been a regent of philosophy in the College.
- A ratification of the tack of the bishopric to Robert Leslie, brother of Lord Lindores, had
been made by the Parliament of 1641 (A.P.S. v. pp. 377, 378). The Council's protest that
this should be without prejudice to their gift is recorded at the same tijue.
14
EXTRACTS FROM THE RECORDS
[Shops in
Parliament
Yard.]
Forsameikle as the counsell haveing designed ane boundis in the
parhament yaird to certane goldsmj^liis to have bein build be them and
now sieing it is thoght fitt that the thesaurer sail build the same to be
divydit amang them Theirfoir ordaines the said thesaurer with all
expeditioun to build the same. . . .
[Rental of
Orkney.]
19th October 1642.
Appoyntis James Rae merchand and Michell Gibsoun tailyeour to pas
to the late Bishop of Orkney presentUe resident in Stratherne and to try
anent the rentall and liakUng and other thingis of the Bishoprik and to
report. . . . ^
[The appointment of M"' Walter Greg to the church of Wemyss having taken
no effect and learning that the Earl of Wemyss has procured the influence of the
provincial of Fife in favour of Mif Henry Wilkio, minister at Portmoak, they
grant presentation of the said church to him.]
2l.st October 1642.
[As the ministers have not been paid the Lammas and Hallowmas terms
of their stipends, tlie last bailies are to lend to the Kirk treasurer 5,000 merks
from the extent, which is to be repaid from the money due by Sir Wilham Dick.]
[English
retailer of
merchandise.]
[Convoy of
money from
Leith.]
26th October 1642.
Thomas Middletoun Englishman being conveind for keiping ane chalmer
in the Canogait and retailing of merchand wair sik as cloth silk and suchlyk
eonfesd the same and theirfoir the counsell unlawis him in the soume of
ten pund sterling. . . .
loth November 1642.
Being informed that Sir Jo" Smyth lies sent home be sea some moneyis
for the use of the nighbours as at mair lenth is conteind in ane letter direct
from the said Sir Jo" to his wyfe Theirfoir ordaines the bailhe Ai-cliibald
Sydserff to pas to Leith with some of the nighbours and for eschewing of all
tumult to convoy the same to the said Su* Jo" his hous.
[Pews in the
churches.]
18th November 1642.
Quheiras it is thoght necessar for good ordour to be keipit be tlie haill
inhabitants of this brugh in their several paroche churches in tyme of
divine service and for avoychng thes accustomed misrules quhich lies bein
formerhe used theirin that ilk parochiner sail have their owen f)i'opper
seatt and pew or dask within their parishe churche And to tlie effect that
' See p. 6 supra.
OF THE BURGH OF EDINBURGH 15
this may be done . . . lies given libertie and licence to ilk lieretoiir to
build within their owen jJaroche churche ane convenient seatt pew or
dask which sail be propper and iiecuhar to that land or lious pertening
to him according to the boundis to be designed to ilk persons be advyce
of the counsell and sessioun And theirfoir lies . . . designed and ajiiJoynted
that pew or dask to be j^ropjier to that land or tenneiitis dwelhng or that
sail happen to dwell theirin Provyding allwayis . . . that if any heretours
or tennents sail happen to succeid to ane uther who ar not of that qualitie
or degrie as ar fitting for eminent seatts or pews that in that caice it sail
be in the oiitioun and power of the . . . counsell with advyce of the
sessioun of that paroche to remove them to ane uther place and to apjioynt
the seatt ... to ane other. . . . ^
[Bread, 12"' loaf of wheat, 11 oz : 3 drops; 12" loaf of "sour," 14 oz :
14 ch-ops ; 12'' loaf of masloch or rye, 18 oz : 9 drops.
Ale, 20'' the pint ; strong beer 2^ the pint ; single beer, 1^ the pint.]
Compeird Robert Young Robert Alexander Patrick Jo"stoun, James [c'oini)iiiint
noiiiiist lifirUcrs
Jo"stoun and Jo" Taitt unfrie barbers in Leyth who being coniplenit ujiouii in ijitii.]
be the deaken and brethren of the chirurgians of this brugh for useing
and exerceing of the airt of chirurgerie within the said towne of Leyth
they acknowledged and confest the samen And theirfou- the counsell decernis
the saids persones ... to desist and cease from useing . . . any jioynt
of the said airt . . . and from setting furtli any signes within the samen
till first they obtein licence of the counsell. . . .
Quheras the counsell finding the great exorbitancie quherunto vivars [i.'™'/'f ,
ar risen within this brugh ^ occasioned tlu'ow the manifest fraud of ane iiif^i"'!!"" "i
® luarki'ts.]
great number of regraitters forestallers and uther unlawfull persones
dwelhng within and about this Toun to the great prejudice of all the
inhabitants theirof and uthers his Ma^'^s leidgis resorting hither And
considering withall that the ordinar Magistratts of this brugh ar so dis-
tracted with the necessarie effaires theirof that their is no jiossibihtie left
to them to attend the saids mercatts quheirby the saids regraitters and
foirstalleris may be curbed and the saids prejudices taken away Theirfoir
they have devysit . . . that the whoU vivar mercatts of this brugh sail
be divydit in maner following and according to the said divisioun that
their sail be visitours and oversiers appoynted to have ane cair of regulatting
the saids mercatts and sieing of pryces of vivers keipit and observed accord-
ing to the table maid theiranent and indowed with all power for executing
of the lawis and statutis of the said brugh. . . .
1 See Extracts, 1626-41, pp. 213, 227.
" The matter of the victual had been represented to the Provost by the Privy Council
in January of that year, and again, more forcibly in March {P.C'.R. vii. pp. 183, 229).
16 EXTRACTS FROM THE RECORDS
Folio wis the divisioun of the saids mercatts. In the first divisioun is
comprehencht the butter and cheis mercatts the wool mercatt and land flesh
mercatt for the quhich they appoynt for ane yeir to come Thomas
Leishman and George Maker merchands and James Nicolsoun skinner to
be visitors. . . .
In the second is comprehencht the pultrie and fish mercatts and nether
flesh mercatt for which they appoyiit James Barns and Robert Mastertoun
merchands and Patrick Trotter taUyeour to be visitors. . . .
In the thrid is comprehendit the breid aill and meill mercatts and the
stableris for corne and strae and the candlemakers for their candle for
which they appoynt Hew Hammiltoun and WiUiam Sandilands merchands
and Jo° Scott goldsmyth to be visitors. . . .
[Full power is given to these persons for seeing the prices of victuals and the
statutes kept and for punishing of oflfenders. Their instructions are as follows :]
Imprimis they sail suff'er no regraitters nor forestallers to resort to the
saids mercatts.
Item they sail suffer no bowsing of no kynd of vivaris bot sail make all
be presented to the mercattis and sail mak searche for this effect.
Item they sail punishe all regraitters and forestallers.
Item they saU punishe all them that buyis or seUs any vivaris outwith
the mercattis.
Item they sail apprehend and i^unislie aU such as goes throw the Toun
to sell vivaris.
Item they sail punishe all such as buyis vivaris coming to this brugh
within four mylles of the same.
Item they sail sett pryces upoun all vivers once in the monetli be
advice of certane select persones sik as noblemen and gentlemens caitters
hostlers and suchlyk whom they sail have power to choos and cite for this
effect.
Item they sail sie the pryces of the vivars conforme to the table maid
and to be maid keiped and sail punish the transgressors.
Item they sail sie the stableris statutis maid anent corne and strae to be
put to executioun as also the statutis maid anent candle and talloun put
to executioim.
And last they sail exact the unlawis according to the Touns statuts and
sail be countable to the bailhes for the samen The saidis baillies haveing
allwayis power to moderat the unlawis or impose greatter as they sail
think necessar And for better observing of the saids injunctiouns and for
efifectuatting of the premissis the saids provest baiUies and counsell gives
full power and commissioun to the saids visitors to waird the persones of aU
OF THE BURGH OF EDINBURGH 17
transgressors of the saids lawis and statutis or poynding their goodis at
their pleasure.
Followis the pryces of the vivars :
The best goos — xviijs ; the best capoun — xij^ ; the best hen — viijs ;
the pair of best chickens — vjs viij^i ; the pair of best doves — iij^ iiij<i ; the
dissone of laverocks — iiij^ ; the best grys — xiij*^ iiij'' ; the hair — viij^ ;
the pair of best cunyngs — xvj^ ; the black cock — xiij^ iiij'^ ; the gray hen
— xijs ; The best moor fowlls in May, Junij and Julij — vj^ viij"! ; Theu'efter
the wholl yeir, ix^ ; the j^air of best plovers, viij^ ; the pairtrig, x^ ; the
best quhaip, viij^ ; the best pair of powtts, x^ ; the best tame duik, vj^ viij'* ;
the wyld duik and di-aik, viij^ ; the pair of teill or young duilvs, x^ ; the
pair of snypis — vjs viij'i ; the pair of horscobs — iiij^ ; the best solane goos
— xx^ ; the dissone of eggis — ij^ ; the woodcok — viij^ ; the trone pund of
the peice of the best beiff fra the 24 of Junij to the first of Januar, — ii^ ;
the second sort of beiff the tyme foresaid — xviij'' ; the trone pund of the
best beiff fra the first of Januar to the 24 Junij — ^iij^ iv^ ; the second sort
the said tyme — xxxij<5 ; the trone pund of the best great fed veall — iijs iiijd ;
the trone pund of the best hucfi-one veill — xxxij^ ; the best wedcler muttoun
bowk fra the 24 of Junij to Candlemas — iij" ; the second sort of wedder
muttoun the bowk theirof the tyme foirsaid — xl^ ; the best wedder muttoun
the bowk from Candlemes to the 24 of Junij — iiij" ; the second sort the
said tjrme — liij® iuj<i ; the best lamb fra Pasch to Lambes best sort — xl^ ;
the second sort the said tyme — xxvjs viij'i ; the pund of the best fresh
butter — vjs ; the pund of the best salt butter — v^ ; the stane of the best
cheis — xl^ ; the stane of candle — Iviij^.
[Follows the penal statute agamst forestallers and regraters and any who
harbour them.]
19th November 1642.
[Certain fleshers appeared and bound themselves] that they and ilk [Slaughter
ane of them sail provyd themselffes of sufficient slaughter housses ather
owt with tills bm'gh or at the North Loche syde betwix and Pasche nixt
under the payne of fyve hundreth pundis And siclyk that in the interim
they sail not cast foorth any blood or filth upon the hie streitts or vennells of
this brugh nor na paii't theu'of under the said paine.
23rd November 1642.
Ordaines Thomas Mudie thesaurer to build owt the loft in the Kirk [oauerym
of the South parochin with all difigence. ... <- urc i.
Quheiras the counsell fiiiding the harberie of Leyth daylie to grow to f^?';''','' °f
decay and ruin which if it be not prevented will utterUe ruine And finding
B
18
EXTRACTS FROM THE RECORDS
that the thesaui-er of this brugh is not able to attend thes warks Theirfoir
they appoynt the watter baiUie of Leith to attend the same and to prevein
the apparent decay of the said harborie And to the effect he may have
moneyis for doeing theirof the counseU lies allotted and allots the pittie
customes and shoir dewties and uther dewties in Leyth for doeing theii'of
And to this effect ordanes tlie said watter baiUie to uplift the same and to
be comptable for the same yeirUe to the counsell.
[Convening of
Burghs.)
[Ministors*
stipends.]
2mh November 1642.
Ordames the clerk in thair names to wairne the brugliis of Pertli Dundie
Abirdein Linhthgow Sanctandi'ois Glasgow Bruntyland Hadingtoun
Dumbartoun Kirkcaldie Dysert to meitt and convein at this brugh the
threttein of December nixt . . . and to come mstructed anent the matter
of the general! searcher for any cours to be taken theiranent As also anent
the patent craved be Tobias Knowis for making and laying of brick. ^
[Archibakl Tod and Robert Meiklejoline commissioners to that convention.]
Forsameikle as thair being dew to M"^ Matthew Weymis minister at the
Kirk of Halyruidhous furth of the Bishoprils of Ed' and speciaUie furth of
the teyndis of the parochin of S* Cuthbertis for his stipend the locahtie
efter folio wmg viz. Owt of the teynds of VVrightishoussis tlu-ettie tlirie
boUis . . . Owt of the teyndis of the auld fewit borrowmuire of Ed^ . . .
tlu'ettie fyv'e boUis tlu-ie pecks the fyft pairt of ane peck ... of the teyndis
of Broglitoun . . . thrie boUis twa fm'lets the fyft pairt of twa fm-lets . . .
Off the quhich locahtie the said M^ Matthew Weymis hes bein in peaceable
possessioun in tlie tyme of the lait Bishop of Ed'' and ever since The counsell
considermg that M'' Andro FairfowU minister at the Kirk at the north syd
of the bridge of Leyth hes procured of his Ma^'^ befoir any pairt of the said
Bishoprik came into their handis among uther dewties of the said Bishoprik
the number and cjuantitie of twelff bolhs wheatt fm'tli of the saids lands of
Wrightshoussis and being unwUhng that the said M"" Matthew sould be
disappoyntit of his said ordinarie stipend Theirfoir they have designed
and appoynted the locahtie foUowmg viz : furth of the lancUs of Wrights-
houssis sextein boUis thrie firlottis the fyft pairt of ane firlott beir and
foiir bolhs thrie firlottis the fyft part of ane firlot wheatt Item furth of the
teynds of the aikers of the said auld fewed borrowmuire of Ed"" pertening
to Sir WiUiam Dick threttie fyve boUis thrie pecks the iyit part of ane
peck beir Item furth of the teynds of the saids aikers of Broghtoun pertenhig
to Jon Co\vper of Gogar thrie bolhs thrie firlottis the iyit pairt of twa
' Tobias Knowis, Englishman, contributed 2,000 merks towards the defence of the Town
in October 1640.
OF THE BURGH OP EDINBURGH 19
firlottis beir Item owt of the aikers of land perteiiing to M'' James Chrictoun
foiirten boUis beir which fourten bolHs beir in recompence of the said twelff
bollis wheatt wiiich he had of before furth of the saids lands of Wriglitis-
houssis And the quhich locahtie the saids . . . counsell assignes and
dispones to the said M'' Matthew in full recompence of his stipend which
he had of befoir owt of the Bishoj^rik of Edi". . . . ^
Forsameikle as M"" Robert Balcanquell minister at Tranent haveing ane
pau-t of his stipend pajat be the lait Bishop of Ed'' furth of the teyndis of
Halyi'uidhous viz : the soume of fourscoir merks money ane boll wheatt
ane boll beii- and four boUis aitts Togidder with fourtie pundis for the
elementis Thenfoir the . . . counsell ordaines . . . theii' collector of the
dewes of the said Bishoprik to content and pay to the said M"' Robert the
particular soumes of money abonewTitten and for the said boU wheat the
soume of nyne jiund sex shilling eight pennyes for the said boll beir eight
pund sex shilling eight pennyes and for the saids fom- bolhs aitts twentie
nyne pund sex shilling eight pennyes. . . .
30th November 1642.
Ordaines Jo" Jowssie thesam-er of the coUedge to pay to M'' Samuel [Purchase of
Jo°stoun for his right of the land in the hie schooll yand pertening to the High school.]
aires of umquhile Sir James Skein the soume of seven thousand merks
with ane yeiris annueh-ent. . . .^
2nd December 1642.
Appoynts George Suittie James Rucheid William Trotter and Robert [Payments to
, neighbours.]
Meiklejohne to attend and sie the nighbours who advanced moneyis in
the tyme of the lait troubles anent the castle and works of Leyth payed
of the bygane annuelrentis till Witsunday last inclusive And to rejDort to
the counseU their names who ar pajdt.
7th December 1642.
[The accounts of John Trotter, Kirk treasurer for 1639-41, show him to
be overspent in the sum of 549" 0" 11'^.]
Ordaines the present thesaurer to repair the wholl pomps in the wells [Pumps.]
with diUgence. . . .
Alex^ Herrone at the West Port being conveind for running and venting [Saie of nine.]
^ See p. 8 supra.
^ See vol. iii. p. 249, wliere tlie Council agreed to buy the house and yards of the late
Sir James Skein, President of the College of Justice, for a dwelling for the professor of divinity,
with a legacy by Mr Bartholomew Somervell.
20
EXTRACTS FROM THE RECORDS
[Sale of wine.]
[Bishopric of
Orliney.]
of wyne at the West Port the counsell dischairges him of all farder running
of wyne in tjrme comeing.
Robert Gordoun indweller in the Watter of Leith being conveind for
venting wyne in the said place the counsell dischaii'ges him of all farder
running of wyne in tyme comeing.
Ordaines James Rae merchand and Jo" Scott chirurgian to pas to the
lait Bishop of Orkney to intreat for the writts and all informatioun requisite
for the knowledge of the estaitt of the Bishoprik. . . .^
[The masters of the hospital are to pay to John Hillstoiin, merchant, 350 marks
for his right to the lands of Heriot house and Heriot town, mortified to the
said hospital by James Troup, merchant.]
[Church at tiie Haveiug consiclerit the fabrick of the warke of the kirk at the Trone
Tron.] "
and finding that it is most expedient that cpihat is to be perfyted thehof
may be doone upon taske Theu'foir they have agriet with Jo° Mylne present
Master Maissoun that he sail compleitt the wholl stone warke thekof in
warkmanship and furnisliing of workmen to the height designed in the
same maner as the rest of the worke is done and conforme to the note
given in be him this day And the stipell twentie fute above the syd wall
The bodie of the kirk betwix and Lambes nixt and the yle bet^\^x and
Michaelmes theirefter The counsell allwayis finding stane lyme and skaffold-
ing and all uther necessars except warkmen and warkmanship As said is
for which he is to resave the soume of four hundreth pund sterUng. . . ?■
[Legacy to
manufactory at
Paul's Work.]
23rc? December 1642.
[James Rae presented the inventory of the writs obtained by him from the
late Bishop of Orkney, with the writs. The mventory is given in exlenso.]
Compeired Jo" Trotter merchand and declaired that his father in his
letter will and testament had appoynted the soume of fom* thowsand merks
conteind in ane band be the now Earle of Marr than styled Jo" Lord Erskine
and his cautioners ... to be imployed be him as his au- towards the
traineing up of children in the manufactorie of wooll or hnt in the hospital
foundit be Robert Trotter his sone be advyce of the Provest bailhes and
counsell of Ed"" and that he for fulfiUing of his said fathers letter will and
testament with consent of the said Robert his brother wes content the same
sould be bestowed for interteining of poor children within Sanct Pauls
Warke and traineing them up in the said manufactories . . . and wes
content ... to assigne the foirsaid band to the saids Provest bailhes and
counsell to be imployit to the use foirsaid they allwayis being obleist for
performeing theirof. . . . [The council accept the legacy and conditions.
' See p. 14 .nipra. ' See Extracts, iGsS-^i, Appendix ix.
OF THE BURGH OF EDINBUPvGH 21
Similarly John Trotter delivered to the council a bond for 1,000 merks by
William Hoome of Aittoun, bequeathed by his late father to the Hospital at
Leith Wynd foot.]
Forsameikle as be ane contract . . . maid and perfytit betwix Margaret (Lands in
Dowglas doghter and air servit and retourit to umquhile Arcliibald Douglas bequeathed to
her father sometyme servitor to William Earle of Mortoun with the special!
advyce and consent of Margaret Dowglas her mother and tutrix ... on
the ane pairt and umquhile Jo" Trotter on the uther pairt of the dait the
nynten of Januarij i™ vj^ threttie nyne yeiris the said Margaret Douglas
with consent of her foirsaid mother for the soume of sex hundreth merks
money obleist to be pajat to her be the said umquhile Jo" Trotter . . .
sauld and disijoned to the said Johne his aires and assigneyis quhatsumevir
all and haill twa aikers of land and ane tenement of housses sometyme
pertening to umquhile Jo" Smyth merchand burgess of Ed^ lyand within
the Toun and territorie of Dunce ... for the quhilk clis230sition the said
umquhile Jo" Trotter obleissed him his aires and executors to content and
pay to the said Margaret Dowglas the soume of sex hundreth merks at
Witsunday or Mertimes nixt and immediatlie following her majoritie she
delivering to him ane ratificatioun of the said contract . . . And in the
mein tynie to pay to her the soimie of fourtie eight merks yeii'lie of annuel-
rent . . . Compeii'ed Jo" Trotter sone and air to the said umquhile Jo"
and declaired that his said father had willed him upon his dead bed to
dispone the saids landis and foirsaid contract and all rights competent to
him to the saids landis in favour of the colledge of Ed"" and towards the
maintenance of ane bursar within the said colledge to be jaresented be
him dureing his lyftyme and efter Ms deceis be the Provest baillies and
counsell and offerd to denud himselff of his right of the saids lanchs and
contract omni habili modo in favours of the said colledge and of the said
bursar. . . . [The CouncO accepted the offer and ordered the College treasurer
to receive from the said John Trotter the securities of the said lands and to
do all other necessary affairs.]
28th December 1642.
Andro Wilsoun Jo" Garvet and Mungo Sympsoun burgessis of this (Cramers for-
brugh and George Hammiltoun being conveind for keiping crames within Parliament
the Parliament hous with old bulks and cramerie watres confesd the same
and the counsell finding the same verie prejudicial! to their iither nighbours
Theirfotr they dischairge them of selling or keiping of crames within the
said Parhament hous or Parliament yaird in all tyme comeing And . . .
for causes moveing them at their earnest suite superceids the executioun
of tliis sentence tiU the last of Februar nixt. . . .
b2
22 EXTRACTS FROM THE RECORDS
30th December 1642.
[Archibald Tod and Robert Meiklejohne commissioners to* the particular
convention of burghs on 2nd and 10th January.]
25th January 1643.
tPormjt to Whereas this day compeird Sir Jo" Smyth and produced ane warrand
from England] fronie certane of the Lords of his Mat'^s Exchequer in England direct to
the officers of his Majesties customes m the port of Londoun or to any
uther officer in any of his Mat'^^ ports for giveing Ucence to the said Sir Johne
and Henrie Rollok or any haveing atlier of their poweris to shipp and
transport owt of the said Kingdonie of England to Ed^ fyve hundreth fodder
of lead custome frie As the said warrand daitted the sevent of May last at
mair lenth beii-is . . . And the counsell considering that for the present
for accomphshing of the churche at the Trone covering of ane pairt of
Heriots hospitall and for covering of the librarie intended in the coUedge
they have use of ane pairt theii-of Theirfoir they have agried that their
sail be sent for the number of ane hundreth fodder and for this effect
ordaines the Provest and baiUies in their name to wryt to Jo" Jo"stoun
merchand in Londoun for buying of the said hundreth fodder and sending
of it to Leyth upoun the Touns risk And ordaines Sir Jo" Smj^h to give
power and procuratorie to the said Jo" for bujdng and resaving of the said
hundreth fodder and to desyr him to present the said warrand to the saids
customeris and to receive it bak againe immediathe that theirefter the
counsel] as they sail have occasioun may use it for the remanent of the
said leid or any pairt theirof Or if they refuis to give it bak againe that he
tak some such cours as it may be effectuall to the counsell heirefter quhen
they sail have to doe theirwith As also to intreatt him to become sovertie
that the counsell sail imploy the same to the uses fonsaid and no uther-
wayis As he sail adverteis the said Sir Jo" of his proceidingis the counsell
sail immediathe tak cours for payment of such soumes as he sail have
occasioun to deburs And last ordaines the said warrand to be delyvered to
Mr Alex"" Hendersone with their letter.
[WiUiam Trotter, treasurer, rendered his accounts of the sums of money
paid by the Estates, ui name of annualrent, to the neighbours, from whom the
Council liad borrowed during the recent troubles, together with a list of those
persons to whom the payments had been made.]
1st February 1643.
Ordaines WiUiam Trotter lait thesaurer to pay to Thomas Buchanan
sheriff of Orkney furth of the reddiest of the rent of the said bishoprik the
OF THE BURGH OF EDINBURGH 23
soume of thiie hundi-eth merks scottis money to be imploved towards the [Payment for
^ X ^ repair of choir
repairing of the queir of the Ivirk of Kirkwall. . . . ofthechurcu
•^ ° ^ at Kirkwall.]
3rd February 1643.
[Archibald Tod and Robert Meiklejohne commissioners to tlie convention of
burghs on 7th February.]
B,th February 1643.
Ordaines tiie the.sanrer to cans niak ane yi'one yett for the utter hous [Dingwaii.i
of the Dingwall for keiping in of tlie poor people that ar put there. . . . ^
Ibth February 1643.
[Tlie treasurer having obtained the houses and yards, formerly belonging
to the late Sir James Skene of Curriehill, president of the College of Justice, as
a house for the professor of divmity, according to the desire of the late
Mr Bartholomew Somervell, he is ordered to collect from Sir William Dick 6,000
merks, with the annualrent, from the 20,000 merks due by him to the Town.] -
\st March 1643.
[The second term of the Town's extent, being 20,000", is to be levied upon the
neighbours.
The accounts of the late John Fleyming, treasurer for the year 1638-9, show
a charge of 109,205" 2^ .5''. a discharge of 107,306" r^^ 11^, leaving a balance due
by the Town of 1,898" 16^ 6<i. The accounts for 1639-40 show a charge of
165,594" 16^ 4'i, a discharge of 166,862" 12**, leaving a balance due by the Town
for the two years of 1,267" 15« 4" less 60" 10^]
Qth March 1643.
Compeird Robert Fleyming ane of the baillies of tliis brugh and producit [Legacy to
umquhile Jo" Fleyming lait baillie liis letter will and testament By quhich buuding two
^ -^ ~ . chambers.]
he lies left and bequeathed the jjarticular soumes underwTitten to the
severall uses following viz : the soume of four thowsand merks towards
the bmlding and rejiairing of tlie Colledge of Ed'' to be disponed upon
be the Rector of the said Colledge and his assessors their advyce and that
in contentatioun of ane tliowsand merks formerlie promeised be the said
umquhile Johne Fleyming for the building of twa chalmeris within the
said Colledge Item he lieves to the good Toun of Edinburgh the soume of
uther four thowsand merks money for help of payment of their ministers
stipendis Item mair he Ueves to the thesairrer of the Kirk sessiouns the
soume of tlirie hundreth merks for the use of the poor Item mail" he lieves
the soume of fyve hundreth merks for the use of the hospital! . . . Quhich
• Beside the Trinity College Church. It liad been used before as a place of detention.
- See p. 19 supra.
24
EXTRACTS FROM THE RECORDS
[Legacy to
College for a
bursar.]
[Complaint
against
Hammermen
possessing
mortcloths.]
particular soumes of money the . . . counsell ordaines the present thesaurer
to upUft and resave from the executors of the said iimquhile Johne
Fleyming. . . .
10th March 1643.
Compeird James Cant and in name of M'' James Schoneir executor to
umquhile Dame Ehzabeth Gibsone rehct of umquhile Su- Robert Denniel-
stoun ^ and gave in the soume of fyve hundreth merks left in legacie be
the said umquhile Sir Robert for intertaining ane bursar in King James
his coUedge The presentatioun to belong to Alexander and James Denniel-
stoun dureing their lyftjones and eftir their deceis to belong to the
counsel]. . . .
nth March 1643.
Anent the complaint given in be Johne Jowssie thesaurer of the CoUedge
in name of the masteris there Againes Andro Halyburtoun present deaken
of the hammermen . . . and the rest of the bretlu-en . . . for making of
twa new velvet mortclothis and lending the same out to sinchrie of their
craft contrair to ane act of counsel! daitted the eight of ApryU j™ vjc and
fourten yeiris Quheirby the counsell dischairged any persones within this
brugh from haveing or useing of anie velvet mortcloth or lending the same
out . . . except the velvet mortclothis of the Tounes . . . And the said
deaken . . . with sincbie uthers of the said craft compeirand confest the
making and haveing of the saids velvet mortclothis Qulierwith the . . .
counsell being advysed tliey dischairge them from haveing of any velvet
mortclothis in tyme comeing and ratifies the said former act. . . .^
22nd March 1643.
[Re-publication of statute against lettmg houses to unfreemen, vagabonds or
other scandalous persons.]
29th March 1643.
[The liammermen's two mortcloths were delivered to the College treasurer,
who was ordered to pay for them 295'' 10^ 4".]
[Skinners'
house.]
31s< March 1643.
Whereas the . . . counsell at the desyre of the deaken of the skimieris
of this brugh haveing compeu-d upon the ground of that their land lyand
1 Sir Robert Dennielstoun (or Dermiestoun) was Conservator of tlie Scottish Staple in
tiie Netherlands from 1589 till 11th August 1624 when Patrick Hamilton was appointed
as his successor.
- See Extracts, 1604-26, p. 49, when the Council allotted the profit of the hire of mortcloths
to the College instead of, as formerly, to the Trinity Hospital. On the occasion mentioned
above {ibid. p. 115) the surgeons were forbidden to Iiave private mortcloths.
OF THE BURGH OF EDINBURGH 25
upoun the west syde of Grayis clois right over againes that tenement of land
pertening to Andro Ainslie lyand upon the eist syd of the trans of the said
clois Efter the inspectioun of the said land They have granted . . . hbertie
and licence to the said deaken of the skinneris and his brethren to come
owt upon the said clois and trans owtwith their present sydwall conforme
to the jadge presenthe given unto them with this provisioun that they
rais their new sydwall plum right up conforme to the said jadge and that
they nather sailhe furth upon the said sydwall farder owt nor the said jadge
nor yet cast furth any hinging staires af therof.
Uh Aijril 1643.
Forsameikle as upon the twentie sevent of Marche last ane shipp calht [^^j™'J|\'j°
the Mirrie Katlaren of Dysart quherof David Sibbald wes master haveing i-eith.]
lowsed from the raid of Dysert be stres of wedder and come upon the
west bulwarke of Leyth quhich the said scliipp hes miserabhe hurt and
overthrowen Quhich being considered be thes appoynted for visiting the
said harberie and the skipper himselff compeirand and submittand himseUf
in the counsells wUl And the counsell considering the extraordinar chairges
they wiU be redacted unto in repairing the said bulwarke and yit considering
the great hurt the said skipper will be necessitat unto Theirfoir they have
modified the said chairges and unlawed the said skipper in the soume of
fyve hunch-eth merks . . . to be imployed towards the reparatioun of the
said bulwarke. . . .
Uth April 1643.
Quheras the counsell being informed be Thomas Moodie thesaurer that g'uament
ther wer divers persones seiking the boothis laitlie buildit in the Parhament ciose.]
clois and desyred to be informed to what persones he sould sett the same
. . . findis it expedient that the same sail onlie be sett to goldsmythis to
bookbinders to mounter makers and workers of mathematical! instruments
and to none uthers. . . .
I'dth A^wil 1643.
Haveing by their owen experience of the pious dispositioun and good ^?™'^for Lady
inchnatioun to pious and charitable works of the right honorable lady
Dame Margaret Ker Ladie Yester and especialUe of her favorable goodwill
towards the poor of this brugh quhilk they find aught to [be] interteined
and cherished with all thankfulnes Theirfoir they have given and granted
... to her ladiship that west pairt of the seatt possest be her ladiship
nixt and directlie befoir the piller southward from the pulpitt and also
the Uttle seatt right behind the entres to the said seatt at the west syd
of the forsaid piller in tiie Mid Kirk of Sanct Geillis allotted for the south
26
EXTRACTS FROM THE RECORDS
[Tack duty of
Orkney.]
parishe of this brugh and appojoitis the saidis twa seattis or pewes to the
said honorable lady and her attenders.^
5th May 1643.
Ordaines the laitt thesaurer WiUiam Trotter to resave from Sir WiUiam
Dick the soume of fowr thowsand and fowr hundreth merks for the Wit-
sunday termes dewtie j™ vjc fourtie twa yeiris for the cropt j™ vj^ fourtie
ane of the deutie of Orkney ... as also to declair that the counsell hes na
intentioun to sute the said Sir WiUiam for tlie Mertimes dewtie following
the said Witsunday . . . without prejudice to the counsell to suite the
same from Robert LesUe. . . .
[Repair of
Church at
Fala.l
10th May 1643.
Being informed of the ruinous estaitt of the Kirk of Falay Theirfoir of
their frie gratuitie and good will they graunt theirunto the soume of sex
punds seventeen shilHngs and ordaines ... to pay the same to M"" Jo°
Logane minister at the said ku'k. . . .
[Timber for
repair of Leitli
liarbuur.]
[Price of
freedom of
the burgh.]
12th May 1643.
Forsameikle as the counseU understanchng of the apparent ruine of
their harborie of Leyth quhich cannot be preveind so commodioushe as
the necessitie theirof requyres Theirfoir ordaines the thesam^er to agrie
with Jacob Kennean van Lubek for bringing home ane shipps laidning of
timber and becaus the same skipper must presentlie be stockit ordaines
the thesaurer to advance to him the soume of thrie hundreth doUeris or
mair ... As also ordaines the said thesaurer be advyse of the watter
baiUie to agrie for ane pylott with. him.
[The weaponshowing is to be held on 13th June.]
nth May 1643.
Quheras it being compleind upoun that the little pryce quherunto the
friedome of this brugh is sett occasiones many poor people to suit the
same and quherby the same is contemned be men of quahtie And it being
universaUie regi'aitted and thoght that the same aught to be highted
Thairfoir the counsell ordaines the Provest Edward Edgar Robert Fleyming
and the rest of the baiUies deane of gild old provest Sir Wilham Gray
[and fifteen otliers] to meitt and con vein and consider the expediencie of the
said matter and to report their advyce to the counsell theiranent As also
' See Extracts, 1626-41, p. 244.
OF THE BURGH OF EDINBURGH 27
ordaines the saids persones to take to their consideratioun the fewing of
the south loche and conditiouns thehupon.^
Consideruag that it is necessar and expedient for good governement in [conunersof
the Toun of Leyth upon the south syde of the watter theirof . . . that
nane sould exerceis any craft or caUing within the same hot such as eftir
tryell of their quahficatioun and good conversatioun saU obtein hcence
and warrand for that effect Theirfoir they have statute . . . tliat no persone
presume ... to exerce the cordiner craft in the said Toun of Leyth hot
sucli as sail be admitted thehunto be theme under the paine of fyve jDundis
for the first fault and ten pund for the second and escheatt of all their
warke for the thrid . . . And ajipoyntis the deaken of the cordiners of this
brugh for the tyme to be visitour and tryer of all such persones as sail
desyre to exerceis the said craft within South Leith with power to them
to depute under visitours from yeu- to yeir for good governement among
the said craft for quhom they sail be answerable Provyding allwayes that
they nor nane of them nor their under visitours accept no tryell nor give
no connivence to any to worke theii- bot such as saU be remitted to them
to try be the counsel! and incaice they failyie thir jiresentis to be nuU.
19th Matj 1643.
Ordaines George Sterhng kirk thesaurer to pay to William Riddoch [Prisoners with
the Turlis 1
in Leyth the soume of fowr hundreth merks as for the Touns supplie to
the prisoneris and captives at SaUe taken be the Turks as persone appoynted
be the Lords of counsell for ressaveing of the contributioun appoynted to
that effect.^
24th May 1643.
Forsameikle as the Provest bailhes and counsell with advyce of the [New buildings
■' at Trinity
Kirk sessiouns of this burgli haveing causit visit the hospitall at Leyth Hospital.']
Wynd fute and haveing fund be the report of thes appoyiited for that
effect that the same may be reduced to ane constant table Thehfoir they
did ordaine the last Masteris of the hospitall to take doun the overpairt
of Dingwall for the staneis theirof and to repair the present hous of the
hospitall conforme to ane act of counseU of the dait the twentie of Apryll
jm vjc fourtie twa yeiris Lykas conforme to the said ordinance the saids
Masters hes taken doun the over paht of the said Dingwall and gathered
the staneis theirof togidder As lykwayes hes boght some dailies for repairing
of the said hospitall Theirfou- . . . ordaines the present Masters of the
1 A committee had been appointed for a similar purpose in 1620, but no steps taken by
them were ever reported {Extracts, 1604-26, p. 205).
'■ See P.C.R. vii. p. 350, the petition of John Bulcraig and Alexander Martine, sailors in
Leith. The matter came before the Lords in November 1542.
28
EXTRACTS FROM THE RECORDS
hospitall to imploy the saids daills in repairing of the said hospitall and to
buUd to the west syd and south end of the same twa housses ilk ane of
them twa hous hight togidder with ane skaUl stair betwix the saids twa
housses and old hous for ane entrie from the saids new housses to the
old hous and to repaii- the said auld hous m divers partitiouns to contein
twa bedis with ane boord And the present overhous and nether hous to
contein ane sufficient dyning rowme and the said nether hous to contein
by and attoiir the said partitiouns ane kitchen ^vdth sufficient rowmes for
servandis And this to be done with all convenient diUgence And the expensis
to be debiu'sed theirupon sail be allowed to them in their comptis.^
[Letter from
the King to be
discussed with
the
neighbours.]
2&th May 1643.
Compeird Sir Alexander Clerk Lord Provest and shew that he had
resaved fra the Earle of Lanerik his Ma^^s secretarie ane letter cUrect to
the Provest bailhes and counseU from his Ma*^^ quhich he presenthe delyverit
Quheirof the tenour foUowis : Charles R. Trustie and weell beloved we
greitt yow weiU Since nothing on earth can be moir dear unto us then
the preservatiomi of the affectioun of our people and amongs them none
mon then of thes of our native Kingdome wliicli as the long and un-
interrupted governement of us and our predicessom's over them doeth
give us just reason in a moir near and speciaU maner to chaUeng from
tliem So may they justhe expect a j^articular tendernes from us in every
tlimg quhich may contribute to their happines Bot knawing what Industrie
hath bein used [by shattering seditious pamphlets and imploying privat
agentis and instrumentis to give bad impressiouns of us and our pro-
ceidingis as under presence of a danger to rehgioun and governement]
to corrupt your fidehties and affectiouns and to mgadge them in ane
unjust quarrel! against us their King we cannott theirfoir bot indevoir
to remove thes jealousies and secine your fearis from all possibihties
of any hazard to ather of these from us Wee have theirfoir thoght fitt
to requyi'e yow to call togidder your fellow burgessis and to put
them in mynd of the many favours o^vr Toun of Ed^ hath resaved
from us Quhich we sail allwayes be willing to continew and to increas
towards them as occasioun saU offer And in owr names show them
owr wiUingnes to give aU the assureances they can desyre or we
possibhe grant [if moir can be given them allreadie is] of preserving in-
violabhe thos graces and favours quhich we have of lait granted to that
owr Kingdome And that we doe faithfuUie promeis nevir to goe in the
contrair of anything there estabhshed ather in the ecclesiasticall or civill
governement Bot that we will inviolabhe keip the same according to the
' See p. 3 supra.
OF THE BURGH OF EDINBURGH 29
lawis of that owr Eangdome And we doe wishe God so to blesse our proceid-
ingis and jjosteritie as we doe reallie mak good and performe tliis promeis
We hope this will give so full satisfactioun to all that sail hear of this our
solemne protestatioun that no such persones as studie divisioun or goe
about to weaken the confidence betwix us and oui' people and justhe deserve
the name and punishment of incendiaries sail be sheltered from the hand
of justice and all such uthers as sail indeavour peace and unitie and obedience
to us and our lawis may expect that protectioun and increas of favom^s
from us quliich their fidehtie deserves So expecting your cair heirof we bid
yow heartihe fair weeU From our court at Oxfuird the 21 of Apryll 1643.
Eftii- reading quheirof the saicls Provest baiUies and counseU according to
the desyre of the said letter ordaines the baillies to cans waii-ne ane competent
and good number of the honest nighbours of qualitie to convein in the
counsell hous the morne in the morning at eight in the clok and there his
]\ja,ties gratious declaratioun to be read in all their audience. ^
21th May 1643.
The Provest baillies deane of gild thesaurer counsell and deakens of [Reading of
craftis being conveind in counsell with ane great number of the honest
nighbours the letter produced yesterday wes intimat and read unto them.
Zlst May 1643.
[Sir John Smith and James Demiiestoun commissioners to the Convention
of Estates to be held in the Town on 22"'' June.-
Archibald Tod and Robert Meiklejolme commissioners to the Convention of
Burghs to be held at Dumbarton.]
Ml June 1643.
Quheras the commissioneris of the commoim burdens finding it both [Powder
^ ^ Magazine.]
necessar and expechent for this Kingdome that ane pant of the magasen
of the countrey of the powder sail remaine within this burgh And for this
effect haveing requyi-ed the magistratts for proyding ane place theirfotr
Wherwith the counsell being acquainted and haveing maid particular searche
^ A letter in very similar terms was addressed by Charles I. to the Earl of Mar {Petrie,
p. 138), of the same place and date. The fortunes of war had been with the King so far
and the Scots had become anxious because of their pre\'ious risings against him. The
English Parliament was endeavouring to obtain Scottish support. These letters were part
of the King's attempt to conciliate and attract the Scots. Evidence of the English activities
and of their acquaintance with Scottish opinion is found in letters of an agent of theirs to
John Pym and others {Hist. MSS. Com. Hamilton Papers, Suppiem., pp. 61-7).
- This convention was proclaimed at the desire of the Privy Council, the Commissioners
for the Conservation of the Peace and the Commissioners for Public Burdens. The King
protested against this infringement of the royal prerogative but ultimately permitted the
meeting under certain limitations (A.P.S. v. p. 588, and Rail, pp. 156-7).
30
EXTRACTS FROJI THE RECORDS
and tryell for ane convenient place Eftir tryell they could find nana bot the
northmest volt above St Geillis Kirk upon the west syd of the steiple And
theirfoir the said Provest baiUies and counsell with consent of the deakens
of craftis both ordinar and extraordinar lies agried . . . that pairt of the
said magasen of powder be transported to the said place and tliis to be done
upon the expensis of the saids commissioneris and the said place maid sure.
[Loan for
Cliurcli at the
Tron.]
mh July 1643.
Haveing imployed Laiu'ence Hendersone merchand to be thesaurer for
the building of the Kirk at the Trone for the south eist parochin of this
brugh And finding that the moneyis appoynted for balding forward the
said warke conies slowhe in and that the keiping of the warkmen upon
their hand is greivous For avoyding of which inconveniencies the counsell
hes thoght meitt and expedient that some moneyis sail be borrowed for
balding forward the said warke. [The treasurer is authorised therefore to
borrow a sum not exceeding 4,000 merks.]
[Market at the
House of the
Muir.]
Uth July 1643.
Compeird George Welshe Johne Welshe and Jo° TweecUe dryvers and
actit themeselffis . . . that they nor nane of them sail sell any oattell or
other goodis at any place within twentie mylles of the hows of the muire
nor make mercat except at the orcUnarie j)lace of the said hows of the muire
or west port of Ed' under the paine of xl"** toties quoties. . . .
(Acts of the
Convention of
Burghs.]
\^th July 1643.
[The acts of the General Convention of Bvu'ghs at Dundee, intimated to the
Council by their commissioners, previously recorded] sa many of them as wer
necessarie to be intimat to our nighbours the . . . counsell maid lawful!
intimatioun and pubhcatioun theirof and hes caused the same to be
observed and keipit Quliich they testifie to be of veritie be thu- presentis. . . .
[It having been agreed in the contract between the Council and Robert
Trotter and Thomas Leishman, dated 30 October 1641, among other things,
that Trotter and Leisliman should pay yearly to the Council 4 per cent, on the
1,000' 'sterhng then paid to them to be divided among the parents of the poor
children supported by them in Paul's Work, and now] fincUng that the imploy-
ment of the said interest that way hes not bein so usefuU and beneficiall
for the worke as wes expected Theirfoir they have of new agriet and
consented that the said interest sail be distribute for buying of clothis
to the said poor cliildren. . . . ^
• See Extracts, iii. pp. 251-2, for the account of the legacy and its handing over to the
contractors for Paul's Work. This undertaking must be distinguished carefully from the
separate institution of the Correction House, established in a part of the same building.
OF THE BURGH OF EDINBURGH 31
26<A July 1643.
[Sir John Smith of Grottall, K' and James Danielstoun commissioners to the
General Assembly on 2°'' August.]
The same day unlawis Robert Haliburtoun younger in the soume of iunia\rfui
., . ,. „,. -. ..„, p purchase of
eight scon- puncus money for buymg oi ane great quantitie oi tobacco from tobacco.]
ane stranger Jacob Yansone come from We.st Indians befoir the same
wes offerit and for weying the same in Leyth . . . and als unlawis the
said skipper in the soume of fyftie fowr pundis for entering and offering of
the said tobacco . . . And ordaines the nighbours to have their skair of
the said tobacco as the said Robert Halyburtoun boght the same from the
said stranger.
Uh August 1643.
[Archibald Tod and Robert Meiklejohne commissioners to the particular
Convention of Burghs on 7"' August.]
Wi August 1643.
Forsameikle as Sii' W™ Dick being addebted to the good Toun in the [Ministers'
~ ® stipends.]
soume of ten thowsand merks yeirlie conforme to his band daittit the
twentie eight of December j™ vj*^ fourtie ane yeiris Qidiich band wes delyvered
to Thomas Moodie thesaurer and the counsell considdering that the payment
of the Ministers stipends lyes upon the comraoun good for the most jjairt
And that the said band might be applyed that way and the commoun
good releived pro tanto Theiifoir the counsell assignes the money conteind
in the said band for the use foirsaid. . . .
nth August 1643.
[The deacon of the bakers of the Canongate and one of his brethren, for
insults to the baihe of the regaUty of Broughton and an attack on the bailie of
the Canongate are to be imprisoned in the Tolbooth of Edinburgh, to make
amends to the bailies and to pay fines of 40" and 20i' respectively.]
\&ih August 1643.
[The persons, mentioned above, having given satisfaction to the bailies are
to have their fines repaid.]
Grants bill of health to David Wilkie merchand Testifieing him to have [bui of Health.]
shippit aboord in the good shipp caUit the Margaret of the Queensferrie
qulierof Robert DawHng is master certane merchandice consisting of wax
linning claith and knappald pertening to him and certane uther merchands
Imrgessis of this brugh his pairtneris As also testifieing that their is sexten
persones to goe along in the said shipp frie of all contagioun of plague or
32 EXTRACTS FROM THE RECORDS
pestilence lykas this haill Kingdome is for the jiresent Praised be God
As also testifieing that of the foirsaid lynning claith there is fyftie sex
baUis of frenshe lynniiig pertening to the said David and his pairtneris . . .
and to none of the Frenche or uther natioun and that under their seall of
cans. . . .
I8th August 1643.
[John Arthiir, servant of His Majesty's Commissioner to the General Assembly,
is to be made burgess and gildbrother gratis.]
23rd August 1643.
[M' Andrew Monro, keeper of the hbrary, produced four catalogues of recent
additions to the library.]
[BiUofHcaitii.] Grants bill of health to James Colquhoun merchand testifieing that he
lies shipped m the good shipp caUit the Margaret of Leyth quherof Robert
Langlandis is master certane merchandiee of wax scottis linoun cloth and
broad manufactorie cloath and knappald . . . from Leyth to Cadiz in
south Spaine. . . .
25th August 1643.
[Roofing of tiie Forsameikle as the churche at the Trone being now readie for the
Tr'o") ^ '' covermg with timber and leid and there being no money in Laiu-ence
Henrysouns handis for prepaning for the same and winter drawing now
nen For preventing thenof the counsel! ordaines the thesam-er to borrow
upon interest the soume of sex thowsand merks and to deliver the same
to the said Laurence and the said Laurence to send for leid in tyme And
ordames the baiUies to -wTyt to M"" Jo"stoun m their names for assisting of
such as Laurence sail imploy to that effect and to recommend the same
to M'' Alex"" Henrysone. . . . ^
Wth August 1643.
[Eacroach- Forsameikle as the counsel] haveing now pertening to them the harberie
harbour] of Lejdli and infeft theirin to the ebbing and flowing of the sea Lykwayis
liavemg now pertening to them the north syde of the bridge of Leyth And
finding the inhabitants there does incroche within the sea merk cast dockis
and uses the same at their pleasure without any licence or acknowledgement
of the counseU Thenfoir ordaines the thesaurer and their watter bailHe
not to suffer or permitt any to incroatch upon the saids boimdis or cast
docks without Hcence obteind of the counsel! and to wanne aU such as
1 Mr Archibald Johnston, Clerk to the General Assembly, and Sir Alexander Henderson
were in London, concerned in the negotiation of the Solemn League and Covenant. Mr George
Gillespie was also one of the Commissioners.
OF THE BURGH OF EDINBURGH 33
hes any shipps there bigging or repairing or shortlie hes had to the nixt
counsell day.
ith September 1643.
Forsameikle as by occasioun of the absence of twa of the ministers of [Choice of new
'^ . • r 1 ministers.]
tliis brugh being imployed without the countrey in the effaires of the
churche of this Kingdome as also of the paucitie of their number there being
for the present only sex ministers for serving of sex churches for which
caus the counsell did supplicat the general! assembUe who lies given power
... to provyd the kirks of Edinbm-gh with thrie able weiU quahfied
ministers with power of transport from any kirk of this Kingdome Not-
withstanding any articles maid in the Assemblie at St Androis . . . And
theirfoir the counsell ministers and persones of the sessiouns . . . hes
elected M'' Robert BailUe present mmister at Glasgow ^ M"" James
Hammiltoun minister at Dumfreis and M'' Jo° Osuald minister at Abii'dein
for sujipUeing the vacant jilaces of the ministrie of this biurgh. . . .
Forsameikle as it haveing pleased God to call owt of this lyfe to his ^^umi of
immortall glorie Sir Alex"" Clerk present Provest who is to be interrd
tomorrow eftirnoone Theirfoir it is ordained that the liaiU counsell sail
accumpanie his corps to the Gray frears in maner following viz. the bailUes
deane of gild and thesam-er with red gowns and the rest of the counsell
with blak gowns and to returne from thence in dooll clocks.^
I5th September 1643.
Forsameikle as the Conventioun of Estaitts laitlie conveind ^ hes thoght [Defence of
^ the realm.]
it expedient that this Kingdome sould be put into ane posture of defence
and hes ordained that this brugh sould put owt with Canogaitt and Leyth
twelff hunder men and sould appoynt their owen officeris And theirfoir
hes elected and nominat James Rae to be Colonell to the said Regiment.
28<A September 1643.
Forsameikle as the counsell haveing elected James Rae to be Colonell [.^^^f"™'
over that Regiment ordained be the Estaitts to be rigged owt for Edinbm-gh /jf ^"^^j'f^y'^
Leyth and Canogait And being adverteised of the imminent dainger throw
1 Author of the Journal and Letters, principal of the College. He did not accept. See
Letters and Journals, ii. pp. 93, 96.
^ It is noted in Sir Thomas Hope's Diary that the Provost died on 2uil September after
two days' illness and that he was buried in the tomb of Gilbert Primrose, his father-in-law
(Pitcaim Anderson, Silences that Speak, p. 471).
' See note to p. 29. One act for that pm-pose was passed on 28th July. After the
Convention's approbation of the Solemn League and Covenant on 17th August, on the
following day the Estates ordered proclamation raising all fencible persons. They also ordered
a loan of 40,0001i for equipping three troops of horse and two companies of infantry.
C
34
EXTRACTS FROM THE RECORDS
[Fencible men.
[Officers of
Town's
Kegiment.]
the neir approaching of the EngUsh to the borders Theirfoir they have
thoght good that the twelf hunder men appoynted for them be hfted up
with dihgence As also for the fiu-therance theirof the counsel] all in ane
voice lies elected Lieu* Colonell Andro Mylne to be Lieu* Colonell to the
said James Rae and lies agried that the said Lieutennent Colonell sail have
ane companie and the choosing of the officers theirof As also that the
Major of the said regiment sail also have the electioun of the officers of
his company and lies agried that the said Colonell and Lieu* Colonell their
pay sail begin from the first of October nixt ... As also it is agried that
if the saids persones sail not be payit be the Estaittis that the Tomi sail
pay the same.^
2%th September 1643.
Forsameikle as the Conventioun of the Estaittis of this Kingdome hes
ordained all fensible persones within 16 and 60 yeiris sould provyde them-
selffis with fowrtie dayis provisioun and with sufficient airmour of all sorts
and to be in reddines to make their randevous qulier and quhen they sail
be appo3Tited Theu'foir ordaines proclamatioun to pas throw this burgh
with towck of drum commanding and chairgeing all the fensible persones
witliin this brugh betwix 16 and 60 yeiris to be in reddines and convein in
the Gray freir kirkyard upoun Moonday nixt at 8 liouris in the morning
at the towck of the drum in their best airmour well provyded and furnished
at least with such airmour as they have And in lyk maner that all the
fensible persones in the Canogait and Pleasance and North Leytli repair
the tyme foirsaid to [ ] well provyded in maner foirsaid And thes of
South Leyth rejDair to [ ] the tyme foirsaid under the paines
conteind in the proclamatioun maid be the said Conventioun of Estaitts
theiranent.^
ith October 1643.
[BaUie of N. Leith and Pleasance, Henry Bannatyne ; bailies of the Canon-
gate, Henry Bannatyne and Henry Rae.
Water bailie of Leith and one of the baron bailies, Jolm Pearsone ; baron
baiUe, John Jowssie.]
Eodem die postmeridiem.
Electis to be captanes in the Touns Regiment quherof James Rae is
colonell the persones underwrittin viz. Adam Rae merchand James
Cunynghame merchand James Fairbairne goldsmith Thomas Fisher
'■ On 26th August the Provost and bailies of Edinburgh were gi-anted authority by the
Estates to choose their own colonels and under-officers. Similar authority was granted to
other bodies {A.P.S. vi. p. 51).
' See p. 33, 15th September, and note. An act of the Estates, of 18th August, laid down
the necessary armour and equipment (ibid. p. 43).
OF THE BURGH OF EDINBURGH 35
tailyeour and at the earnest desjTe and recominendatioun of the Generall
his Excellencie George Melvin.
Qulieiras the counsell for obedience of the act of Estaitts hes appoynted [Committee,
James Rae to be colonell to the regiment they are ordained to put furth Regiment.]
And finding tiiat there will occure many thingis which will concerne the
putting furth of the said regiment quhich cannot be so suddenlie exped
as the necessitie theirof requyris Theirfoir they have appoynted . . . the
persones underwrittin to consider treat and reasone upon all thinges that
can be incident to the said regiment. [FoUows a list of thirteen persons and
the colonel.]
[Council for the year 1643-4 : Provosl, Sir John Smith ; Bailies, Thomas
Charteris, John Bynnie, James Eilleis, Robert Mastertoun ; Dean of Gild, George
Suittie ; Treasurer, John Fairholme ; Council, Sir WiUiam Gray, Edward Edgar,
Robert Fleyming, John Kniblo, Archibald Sydserff, Archibald Tod, Thomas
Moodie, John Levingstoun, John Edgar, Robert Davidsone, Thomas Patersone,
tailor, Adam Lamb, goldsmith ; Deacons, Robert Meiklejohne, skinner, James
Dennestoun, goldsmith, John Scott, surgeon, Michael Gibsone, tailor, Andrew
Halyburtoun, hammerman, James Cranstoun, shoemaker ; Extraordinary deacons,
David Pargilleis, furrier, Andrew Dalrumple, wright, John Milne, mason, James
Byiuiie, baker, William Blythman, flesher, Patrick Coclu-ane, weaver, John
Wawes, waulker, Francis Ker, bonnetmaker.]
IWi October 1643.
Ordaines Sir Harie Veyn younger and M^ Steven Marshall divyne ^ ^^^^^f^ '° "'^
twa of the Enghshe commissioneris to be feasted with ane deseart eftir- commis-
^ sioners.J
noone and to be maid bm-gessis and gildbrether. . . .
[George Suittie and Thomas Patersone commissioners to the particular
convention of burghs on 16"' October.]
ISth October 1643.
Quheras be the neglect and cairlesnes of Masteris and marineris of [Fires on .ships ]
shipps within barberies many inconveniences does fall owt not onlie to
themselffis and awneris bot also to otheris their nighbours tlu-ow fyre For
preventing cpiherof in tyme coming it is statute . . . that no persone
quhatsumevu- native nor stranger presume or tak upoun hand in any
tyme comeing to have at any tyme be day or night within the shipps barks
or crears within the harborie of Leyth any kynd of fyre or light under the
paine of fyftie pundis scottis. . . .
' These were the Commissioners of the EnglisVi Parliament, present in Edinburgh for the
approval of the Soleinn League and Covenant. On the same day as this act the Covenant
was signed in St Giles by the Committees of the Convention of Estates and General Assembly,
having previously been ratified by the Estates on 17th August. The second of the two clerical
commissioners, Philip Nye, who was unwelcome to the Scots ministers on account of his
opinions, had returned to London.
36
EXTRACTS FROM THE RECORDS
27th October 1643.
[Banquette Forsamcikle as the comptis of William Trotter laitt thesaurer ... of
the King.] ^
his debursementis upon the banquett maid to his Ma at his last entrie
to this brugh being heard and fitted . . . his said debursementis that
way ar fund to extend to the soume of twelff thowsand sextein pund thrie
shilling fowr pennyes. . . .^
[The said treasurer's accounts for 1640-7 show a charge of 159,044" 15^ 8'^
and a discharge of 166,594" 17« 6'', from which 106" 13^ 4'' should be deducted
for an annualrent unpaid to James Dalgleish. The Town therefore is due to the
treasurer 7,549" P 10<'.]
Eodem die postmeridiem.
[Bread: 12'' loaf of wheat, 13 oz : 2 drops; 12'' loaf of "sour" bread,
1 lb. 1 oz : 8 drops ; 12'' loaf of " masloch," 1 lb. 5 oz : 14 drops.
Ale, 14"^ the pint ; double beer, 18'' the pint ; single beer, 9'' the pint.]
[The National
Covenant.]
1st November 1643.
[The council nominate M^ John Oswald, minister at Aberdeen, to the
Presbytery as one of their ministers.] ^
Compeu-d James Cochrane merchand and produced the first Covenant
which the counsell ordaines to be put up in the Charter hous.
Gth November 1643.
[The council, having obtained as yet only one new minister for the Town,
with the present ministers and kirk sessions new and old, unanimously choose
M'' WUham Strauchin, one of the ministers at Old Aberdeen to be one of the
ordinary ministers of the burgh and order a petition to the committee of the
General Assembly to be made with all diligence.]
[Eegrating of
fruit in Leith.]
[Removal of
middens.]
8th November 1643.
[Twelve women in Leith] being compleind upon for regraitting of fruitt
and uther small forrane wair within this brugh and for forestaUing of the
same in Leyth quhich they could not weiU denye Theirfoir the counsell
discharges the saids persones of aU such lyk doeing in tyme cummg under
the paine of ten pundis.
loth November 1643.
Statutes ... all the inhabitants of this brugh who hes any middingis
or fulyie upon the streitts or vennells of this brugh or neir the walls theirof
to remove the same betwix and the twentie fourt of this instant with
certificatioun the same sail be confiscat And siclyk statutis . . . that all
^ See Extracts, 1626-41, pp. 248, 249. - See p. 33 supra.
OF THE BURGH OF EDINBURGH 37
the nighbours and indwellers witliin this brugh sail carie all theu- fulyie
to the clos heids of vennells that the same may be more conveiiientlie be
taken away and that they put furth of theu- houses the same twyce in the
weik upon Twysday or Fryday with certificatioun to tliem befoh whois
dooris any sail be fund that they sail be punished in their persones and
goodis at the discretioun of the magistratts And ordaines proclamatioun
to pas heirupon tlu'ow this brugh be sound of drum.^
[The Estates during their recent meeting having ordered that a loan of 120,000 (Survey of
taxable
merks should be levied with 10,000" sterling, all to be paid on 2""' February, pe'rsons.]
the share of the whole burghs is found to be 200,000 merks and 20,000", and
that of the Town 38,331" 12^ and 5,749" 7^ The Council order the extenters to
impose this tax on all inhabitants of the Town except the Lords of Session] And
becaus the good Touns part is onhe payable be them for their trade and
borrowlandis TheLrfoir ordaines the saids extentors to tak ane view and
notice of the vahditie of illv particular persones trade be themselffis and
siklyk of the vahditie and this last yeiris worth of ilk particular mans borrow-
land and so to divyd the saids twa soumes amang them.^
22mZ November 1643.
Appojmtis Jo" Bynnie the deane of gild and thesaurer Sh William 1,^!'"*'/,"''
Gray Edward Edgar to visite the wells and springs about the Town with
the borrowloche and to report.
2Uli November 1643.
Forsameikle as the tyme of payment of the moneyis for the loan [valuation of
property. 1
appoynted be the Estaitts of this Kingdome drawis near and becaus the
Touns pairt is imposed upon the inhabitants of this brugh for their trade
and borrowlandis Quherwith their is many of the coUedge of Justice and
divers uthers who hes no trade who equalhe participat with the nighbours
in the matter of their borrowlandis And to the effect the trew vahditie
and worth of the saids borrowlandis may be weill knowen Thairfoir they
have elected and appoynted the persones underwrittin to try and examine
the trew vahdite and yerrhe worth of the haill housses tenementis of landis
and borrow ruids within and witliout this brugh and to set down the same
in ane register be itselff with the heretours names to the end that the present
extentors may be the better informed in laying on of the said extent.^
[Three officers and six others are appointed for each quarter of the Town.]
' Such statutes were frequent and equally frequently disregarded. The first one recorded
was in July 1505, the most recent in 1641. It was, however, in 1633 that the magistrates
made provision for such cleaning apart from the efforts of the inhabitants themselves (Extracts,
1626-41, p. 121).
2 See A.P.S. vi. p. 27, 15th August 1643. ' See 10th November supra.
c2
38
EXTRACTS FROM THE RECORDS
1st December 1643.
[The sum of 8,000 merks is to be borrowed and given to their Colonel, James
Rae, for raising their regiment.]
(Store of
guupuwdcr.]
[Cleaning of
the streets.]
[Differences
between
surgeons and
apotliecariesv
6th December 1643.
Ordaines the thesaui'er to remove the Touns powder owt of the place
quher it is presenthe lying above the west end of St GeiUs churche to the
ile quher it wes of befoir And thereftir to lyne the said paht with daiUs
And the haill armour to be removed therto and the passage to be maid
to the same. . . .
8th December 1643.
Ordaines the Provest baillies deane of gild and thesaurer to agrie with
Alexander Heriot in the Potterrow for ane cairt and horsses and servand
for clenging the hie streits vennells and closses of this brugh of midcUng
and filth for eight merks weiklie. . . .^
Forsameikle as it haveing come to the knowledge of the Provest baillies
and counsell . . . that ther is divers differences liklie to aryse betwix the
deaken and brethren of the chu-m-gians and the apothecaries of this brugli ^
and speciaUie anent the cureing of all kynd of woundis imposthumes ulceris
fractures dislocatiouns canceris imbalming of dead corps applying of
sparadraps cureing diseases of virolls and scrubies watter cankeris diseases
of the hernias bubouns making of flebotomies applying of ventosis fomenta-
tiouns lochleiches cautours vesicatours applying of plaisters and all other
manuall operatiouns as ar tlioght be the saids ciiirurgians properhe to
pertein to their ah't and yit ar usit indifferentlie be all the apothecars within
this brugh Quherby the same is lyk to grow to ane great divisioun and rent
among the saids chiriu-gians and apothecars Quhich the saids . . . counsell
foirseing and willing to prevein the sanien in tyme Theirfoir they did appoynt
certane of their number for convening befoir them the saids chhurgians
and the saids apothecars and for trying and cognoscing quhat did properlie
belong to the saids chirurgians Lykas the saids persones of the committee
foirsaid compeirand declaired that they did conveyn befoir them Jo" Scott
present deaken of the chirurgians and with him David Douglas and James
Broun chirurgians And Patrili Hepburne Jo" Hammiltoun and William
Castillaw apothecars and that they had mutualhe agriet and condiscendit
that the appUcatiouns of searclothis to dead bodies . . . conteynit in their
gift did properlie belong to the saids chirurgians and that it wes not lawful!
' See 10th November, p. 36 supra, and note.
* Previously the surgeons had appealed against the barbers for encroaching on their
privileges {Extracts, 1604-26, p. 19).
OF THE BURGH OF EDINBURGH 39
to na apothecar nor their servandis in their names to apply the samen
with provisioun allwayis that if the saids apothecars wes imployed by any
to make the saids searciothis it sail be lawfull to them to make and sell
the samen to all persones desyrous theu'of And if it soiild pleis the pairtie
or apothecar to desyi'e any ohirurgian within this brugh to apj^ly the samen
in that caice the said chirurgian sail be obleist to apply the samen As also
that it wes agriet . . . that all manuall operatiouns and apphcatiouns
about dead or living bodies of men woemen or children did properhe belong
to the saids chirurgians.
[The Council made a declaration confirming the above agreement and that]
the administratioun of medicine inwardlie is not heirby forbidden to the
saids apothecars . . . Quherunto baith the saids panties agried and
consented.
15th December 1643.
[The Council, deacons and nian_y of the neighbours being assembled] [Rendezvous of
Quheras the Estaitts of this Kingdome laitlie conveind did ordaine . . . p™sous.i
the fourt man of all fencible persones within the Kingdome sould be in
reddines against the day appoynted at the place of randevous furnished
and provydit as is nrentionat in the said act under the paines contained
in the same with the which ordinance . . . being most willing to give
obedience to the said act and to contribute their best indeavours for
advanceing of the j^ious intentiouns mentioned in the said act Thairfoir
they have agried all in ane voice that the iiaill inhabitantis within this
brugh being fensible persones betwix the age of sextie and sexten as weall
masteris as servandis sones and prenteisses sail be enrolled as they dwell
and that tiie fourt man of the said number sail be designed and putt furth
be lott upon the chairges and expensis of the uther thrie It being allwayis
lawfull that foiu* agrieing in one to put furth one upon their mutual chairges
and expensis And ordaines proclamatioun to pas heirupon throw this
brugh be sound of drum commanding all the saids inhabitants to repair
to the place sail be appoynted for designeing the said fomt man at such
tymes as they sail be requyred.^
20th December 1643.
[A committee is appointed] for assisting Colonell James Rae for outreiking ^committee,
the souldiers and for all thingis may concerne them. Regiment. i
[It is agreed that Lieutenant Colonel Andrew Mylne shall be paid for a year
and a day from 28th September, that he shall have a baggage horse, hke other
Lieutenant Colonels and house rent for a year.]
1 See p. 34 supra, 29th September.
40
EXTRACTS FROM THE RECORDS
[Steeple of
Church at the
Tron.]
[Repair and
enlargemeat of
howf.J
[Repair of fort
on the shore.)
The counsel! agried with Jo° Myhie deaken of the masones for building
the steiple of the Churche at the Trone for highting the same threttie footts
higher nor the first agriement mth fyve wmdowis and twa dooris all of
aisler And that betwix and Pasche nixt . . . and all to be done conforme
to the draught and the said Jo° to acquaint the counsell befoir the last two
courses be laid and this for the souine of twa thowsand pundis . . . and
ordaines Master of Warks wadges to be allowed to him for his task.
Understanding that the sea dayhe does incroatche upon the Touns
houf in Leyth at the eist end theirof Theirfoir ordaines the thesaurer to
caus build the same from the present standing wark northward for the
spaice of twentie fowr fute or therby And siklyk to enlairge the west end
of the said howff conforme to the agriement with Jo" Milne and in maner
theirm conteind And this for the soume of twa hundreth and fourtie pundis
scottis money. . . .
Ordaines the thesaurer to agrie with Jo" Scott Master wright for repairing
the breache at the fort iipon the shor for prevening of farder danger and
to set doun the same in writt with him. . . .
25th December 1643.
[The CouncU, ministers and kirk sessions nominated M'' Mungo Law, one
of the ministers at Dysart and JI"' Robert Lowrie, minister at Perth, to two of
the vacant places of the ministry. ^ Commissioners are to be sent to each of the
ministers.]
21th December 1643.
[Edward Edgar and Robert Meiklejohne commissioners to the Convention of
Estates to be held on S''" January.] ^
[Merchandise
in Bristo.l
\2th January 1644.
Jo° Waleoche merchand in Londoun being conveind for keipmg ane
magasen of goodis in Bristo and there retailing the same . . . the counsell
ordaines him to bring in the saichs goods within this brugh betwix and
Weddensday nixt. . . .
\^th January 1644.
[The old dean of gild is to advance to Laurence Henriesoun, treasurer to
the church at the Tron, 3,000 merks for the building and for payment of John
MOnc]
' Both men accepted the call. Mr Robert Lowrie, after the Restoration, became Dean
of Edinburgh.
^ The proceedings of the Convention of Estates were annulled in the first Parliament of
Charles II. For the business transacted see A.P.S. vi. p. 60, etc.
OF THE BURGH OF EDINBURGH 41
2Qth January 1644.
[Robert Flej^ming and Thomas Patersone to be commissioners to the particular
Convention of JBurghs on 22'"i and to the Convention of Estates on 25'" of that
month.] 1
lull January 1644.
[The treasurer is to borrow 10,000" for the use of the Town's regiment.]
[Michael Achiesoun, wright, servant to Alexander Hamilton, general of the
artillery ^ and Walter Ros, surgeon, to be burgesses gratis.]
26<^ January 1644.
[Thomas Dods, plumber, to be burgess for his good services done to the Town.
He is to be excused producing armour.]
Jon Walesche Inglishman being conveind for topping and retailing of [^Jjgj^^
merchandice within this brugh coufest the same Quherfoir the counsell aned.j
unlawis him in the soume of twa hunclreth and fourtie pundis scottis. . . .
Ordaines the present thesam'er Jo" Fairholme to pay to Jo" Halyburtoun [^chanceiior's
the Chancellor his chalmer maill lyand in the said Jo° Halyburtouns land
from Witsunday to Mertimes last. . . .*
Ordaines James EiUies present baiUie to collect and ingather Colonell [Couectionof
James Rae and Archibald Sydserff lait baiUies their restis of the extent
of the south west quarter dureing theii- absence wdth the armie quher they
are presentlie goeing. . . .
'2nd February 1644.
[A committee is to agree with Col. James Rae as to his extraordinary
expenses.]
[Infeftment is to be given to the ministers and kirk session of HoljToodhouse
of three tenements in the Canongate.]
Qth February 1644.
Agries with Jo° Milne maissoun for bigging ane stane wall ... of [Waiis at
tlirie fute breidth and tlu-ie elne hight above the earth with hewen cunyies
and ane great yett on everie end jjencUt within and withowt in the best
fashioun upon that peice of ground or waist land lyand in Leyth and
Wilsouns wall thair And that the said Jo" sail furnishe the haill materialls
And that for the soume of sex hunclreth pundis money And siklyk agries
with the said Johne for the soume of twelff hunclreth pundis scottis for
bigging of twelfF scoir futes of ane sufficient stane wall from that pairt of
1 See A.P.S. vi. p. 73.
=> Fifth son of Sir Thomas Hamilton of Priestfield, and brother of Thomas, first Earl of
Haddington. He was a commander in the amiy, led by the Duke of Hamilton, in Germany
in 1631. He died in 1649.
3 See Extracts, 1626-41, pp. 163, 203.
42
EXTRACTS FROM THE RECORDS
(Lady Tester's
CliUTch. ]
[Watch by
companies,]
the buUwarke in Leyth at the bak of Ramseyis fort ^ fowr scoir fates therof
to be ten futes thick and the said haill wall to be the hight of fowr fute
above ane liigh streame and eight scoir fute be eist the fowr scoir futes to
be sex futes thick aU good and sufficient worke of the lyk hight.
lUh February 1644.
Forsameikle as there being offered be the Lady Yester the building of
ane churche within this brugh and the counsell haveing sein the boundis
pertening to Jo^ Frank lyand upon the west syd of the CoUedge Wynd
they find the same are fitt boundis for building of the said chm-che For
which cause the said Jo" wes content to dispone what pairt theirof the
CounseU would desyre. [A committee was appointed to settle the site with him.]
Mth February 1644,
Qulieras the necessitie of the tyme requyres the magistratts soiild have
cair of the saftie and peace of the Town committed to their change Theirfoir
the Provest baiUies and counsell hes thoght it necessar and expedient that
thair be ane constant watche keipit night and day within this brugh and
for this effect They have appoynted . . . the first company of tlie north
west quarter of this brugh to begin upon Moonday nixt and to enter to
the court de guaird to be placed under the mercat croce at ten in the cloak
in the morning and to abyd at the said watche till the morne thenefter at
the same hom- And swa fm:tli dayhe and nightlie throw the rest of this
brugh and nane to depairt thairfra befoir they be dismissed under the
paine to be punished at the discretioun of the magistratts And becaus the
necessitie of this tjrme is so great Theirfoir to command and chairge in
our Soverane Lordis name and in name and behalfe of the saids Provest
baiUies and counsell . . . that all the burgessis within this brugh without
exceptioun of any be cairfuU to keip the said watche weell prepaned and
furnished with muskett powder ball and matche and siklyk airmour and
furnitour dayUe and nighthe as they ar waunet under the said pame.
[Contribution
for building
Ciiurches.]
26<7i February 1644.
[An agreement is reached with Andrew Daw, skinner, for the yard belonging
to his wife on the west side of the High School, on which to build Lady Yester's
church.]
28<A February 1644.
The counsell considering the estaitt of Patrik Forbes merchand who
haveing offered to the building of the chiu-ches the soume of thrie himdreth
' Ramsay's fort lay beside the Kings' Wark.
OF THE BURGH OF EDINBURGH 43
piinds and finding his present conditioun not to be equivalent to tlie tyme
of his offer Theii'foir they have agried witli him being present that if he
sail pay the soume of twa hundreth merks the half at Witsunday nixt
and the uther at Mertimes therefter And if he saU failyie of thankfull
payment at the termes foii'said then the first offer to stand.
1st March 1644.
[The names of the persons admitted burgesses and gildbrethren recently [New
are to be inserted in the locked l^ook], viz : — Sir Harry Vayn, M'' Marshell, ^"^''''^''^'
Rf BouUs and William Bond, commissioners from the Enghsli Parhament/
burgesses and gildbrethren ; Henry Ros, servant to Su- William Armine,
John Watts and John Farding, servants to Sir Harry Vayn, John Moyses,
servant to Sir William Armine, Phihii Starky steward to the saids com-
missioners Johne Hammond servant to M'' Marshell Alex'' Hog servand to
Sir Williame Armyne and Francis Thomsoun servand to Master Nye to
be burgessis upon the 14 of October last. As also upon the sext of Januar
last Colonell Andi'ew Milne Robert Logane Major to Colonel) James Rae
and Alex'' Sterling captane lieutennent to the said Colonell Rae wer admitted
burgessis and gild brethren in coimnuni forma. Item upon the 23 of Januar
last Sir Patrik Hamnidtoun of Little Prestoun fourt lawfull sone to umquhile
Thomas HammLltoun of Preistfeild and Alex^ Hammiltoun generall of the
artillerie fyft lawfull sone to the said umquliile Thomas wer maid burgesses
and gildbrether be right of their said father and payit xxxiij^ iiij*' and
watches xxiiij^ And the same day Thomas Hammiltoun lawfull sone to
umquhile Sir Alex^ Hammiltoun of Ballincreiff and heutennent Colonell
Andro Hammiltoun his brother wer maid burgesses and gildbrether of
this burgh gratis. ...
It is thoght fitt and expedient that na persone nor indwelleris within (Prohibition of
this brugh sail sell any amies or ammunitioun or furnitom- of warre to '**'^° '"^°^'
any persones quhomsoevtr dwelhng without tliis brugh without ane warrand
or licence obteind from the magistratts of this brugh to that effect under
the paine of . . . confiscatioun of the amies and ammunitioun foirsaid or
pryce therof and los of their Ubertie and punishment of their persones. . . .
Qth March 1644.
The counseU discharges all burgesses to sell any wair or merchandice (Limitation of
to any unfrieman above the quantitie what ane may carie upon their bak unfre°emeii.']^ '°
under the paine of deprivatioun of then' libertie confornie to ane act of
borrowis maid at the last General Conventioun of borrowis halden at
Dumbartan. . . .
1 See 13th October 1643, p. 35.
44
EXTRACTS FROM THE RECORDS
[Increase of
extent.]
[Arms from
Magazine to be
replaced.]
[New
ministers.]
8th March 1644.
The counsell considering that they have bein necessitat to advance
ane great pairt of their loane money and to borrow the same upon interest
Theirfoir ordaines the extentors of this brugh to add ane halff yeirs interest
to the totall soume for which they are ordained to extent the inhabitants. . . .
Forsameikle as George Suittie dean of gild . . . delyverit owt of the
Touns magazen of their airmour Twa hunch'eth twentie sex muskitts and
als many bandohers to the present Armie at nyne pund the peice . . .
As also delyverit to them twa hundreth twentie fowr picks at fowr
merks the peice quheirof he . . . resaved payment . . . with the which
soumes of money they ordaine the said George Suittie to be charged in
his comptis and the same soumes to be allowed to the thesaurer in his
comptis of the monejas borrowed for outrigging of the Touns Regiment
As also ordaines the said George Suittie to wryt over to the Low Countreyis
for twa hmidreth and fyftie muskets aU of one boh- for furnising agane
of the said Magazen ^ . . . and ordaines him to buy als many picks at
home. . . .
20th March 1644.
Grants presentatioun to M"" Mungo Law and M^ Robert Lowrie elected
to be ministers of this brugh to be twa ordinar ministers. ... [A committee
is appointed to present them to the presbytery.] ^
29th March 1644.
[A further sum of 4,000 merks is borrowed for the building of the church
of the Tron.
The dean of gild is to receive 60 muskets from John Twedie and to pay 9"
apiece for them.]
5th April 1644.
[Sir John Smyth and Thomas Patersoun commissioners to the Convention
of Estates on the 10"" of that month.]
[Shoes for
Town's
Regiment.]
lOth April 1644.
Ordaines the thesaurer ... to furneis Archibald Sydserff and Robert
Meiklejohne with moneyis for buying of eight hundreth pair of shoes for
the Touns Regiment presenthe in England. . . . ^
• The Estates on 6th January had agreed to refrain from levying any customs on imported
arms (A.P.S. vi. p. 64).
2 See 25th December 1643, p. 40 supra.
' The English Commissioners to the Estates had, on 24th August 1643, signified that
the English Parliament desired that the forces from Scotland " against the papists, prelaticall
faction and their adherentes now in arms" should be 10,000 foot and 1,000 horse at the least
with a train of artillery. These were to be paid by the English Parliament according to the
OF THE BURGH OF EDINBURGH 45
17th April 1644.
Nominats George Walker merchand to be Captane of the companie [.^^''f*,^'"^"/^^^
of the commanclit men who sail be commandit to marche whither the ^ Town's
Regiment.]
said companie sail resave warrand. . . .
Compeu-d James Guthrie oversier of the Touns warks and producit [^^^j%t„]
ane accompt of the Touiiis ledderis and hooks and drums . . . quherof
the tenour foUowis. . . . Imprimis at the weyhous twa ladders and twa
great hooks lockit there. Item in the banket hous 4 ladders and 2 great
hooks. Item in the guairdhous twa ledders. Item in the Societie ane
ledder lying there for the use of the warke. Item in the meil mercat ane
great lang ladder. Item in St Geillie Grange ane great lang ledder pertening
to the Toun not broglit in as yet. Item in Sir Thomas Houps hows ane
ledder. Item at Jo" Ronnalds hows ane ledder. Item hinging in the
banquet hous fowi- scoir eleven lether buckets. Item hinging there ten
drums. Item tlu'ee drums lent to Colonell Rae.
[The bargain with the Earl of Roxburgh anent Broughton being complete,
his bond is to be restored to him.] ^
l^th April 1644.
[The sum of 2,000 merks is to be borrowed to equip the new company raised
at the desire of the Estates, of which George Walker is captam.]
Agries with Jo° Scott master wright for making and furnishing ane ^|g^p°°ta2d
port to the west port of aiken timber ... in all thingis except bands ^° j^^^'^y ^^^
locks and slotts which ar to be furnished be the thesam-er the said port
to be lyk to the Nether bow port as lykwayis for furnishing ane new gate
in Leith Wynd to the muck port to lie of doiible plankis of aik sufficienthe
naiUed for the soume of seven hunch-eth merks to be perfyted with all
diligence.
2Uh April 1644.
Ordanes James AUsone thesaurer to Heriots Hospitall to demolishe so [Entrance
, TT • -Hi- through Wall
much of the Town wall lyand forgains and benorth Henots hospitall tor to Heriot's
1 1 ■ T • T 1 7 Hospital.)
to be ane entrie to the said hospitall as the same hes beni designed be the
counseU being upon the ground of the land. . . .
[Thomas Raeny, merchant, is fined 500 merks for retailing French and Spanish
wine without a licence. The money is to be given towards the buOdmg of the
church at the Tron.]
establishment agreed upon for the Scottish army in Ireland. Should need arise in Scotland,
the English Commissioners promised similar aid. The Scottish army under the Earl of
Leven had entered England on 19th January 1644. By this time the army was encamped
before Newcastle.
' See Extracts, 1626-41, pp. 178, 180, 181 and Appendix xviii.
46 EXTRACTS FROM THE RECORDS
2Uh April 1644.
[captam of Forsamcikle as James Jo°stoun maltman in Leyth being elected be
Leith company *^ ®
dismissed.] tlie counscU to be ane of their orclinar Captanes in Leyth Qiilierin at his
admissioun he wes sworne to earie himselff dewtifuUie and quyethe and
to governe his companie in an sober and peaceable way Notwithstanding
qulierof lie is fimd to be contentions and ane who be all meanes lies preased
to divert the wholl vassalls of Leyth from their dewtie to their siiperiours
not onUe in particular concerning their dewtie and obedience to their
superiours bot also in matters concerning the publict of the countrey.
[For which reason he is dismissed and forbidden to meddle between vassals and
superiors under paui of 500 merks.]
1st May 1644.
[The baUies are to pay to Robert Stark, Commissary Clerk depute the sum
of ten dollars for his work in looking up the various legacies to the College,
ministers, hospital or cluu-ches during the past five or six years. He is to inform
the Council of any other legacies, which come to his knowledge, for whicli work
he will be paid 20".]
[Proclamation Forsameikle as the Counsell haveing divers tymes of befoir forbidden
the abuse of the weiring of plaidis about and over woemens heids Quherby
commoun strumpets whores and all other lewd woemen has so bein in use
to cover their faces that they might not bein decernd from honest woemen
Quherby woemen who have bein banisht this brngli for their lewdnes
could not be distinguished from uther honest persones [Therefore proclama-
tion is to be made renewing the order that none wear plaids over their heads in
churches, streets or vennels under pam of being reputed mfamous persons and
of confiscation of their plaids by any person who can seize the same. And that
person, on bringmg the plaid to any magistrate, will receive 12^.] ^
22nd May 1644.
[Sir John Smyth and Robert Meiklejohne commissioners to the Convention
of Estates on the 24th of the month and to the Parhament on 4th June.] ^
2^rd May 1644.
[Archibald SydserfF and Thomas Patersone commissioners to the General
Assembly on 29"" May ; M"' Jolin Sharp, professor of divmity, commissioner to
the same from the College.]
1 Similar proclamations had been made in 1628, 1631, 1633, 1637 and 1641 (see Extracts,
1626-41).
- A new Parliament met on 4th June, as appointed by the last Parliament held by Charles I
in 1641. See p. 29 supra, note 2, as to the intervening Convention of Estates. When it
assembled. Lord Balmerino, President in the last Parliament, enquired if there were present
any Commissioner from the King, " And none answered." The Parliament, however, was
valid, though the General Act Recissory of 1661 annulled its proceedings. It lasted till 1647
and was prorogued five times.
OF THE BURGH OF EDINBURGH 47
24:th May 1644.
Forsameikle as James Dalgleishe merchand burges of this brugh being [Legacy for
piouslie inclyned ... to set forward the poor who ar halden bak throw of theology.]
povertie from the benefite of good learning quherby both Kirk and commoun-
weill doeth floorishe Thaufoir he lies mortified the soume of fowr thowsand
merks the profite and aimueh-ent of the said soume ... to be imployed
for interteinment of thrie bursars students in theologie according to the
doctrine presenthe profest in tlie Kirk of Scotland quhilks failyeing to
thrie bursaris within the colledge of Ed^ viz : to the first of the saids bursaris
fourscoii- pundis and to the second fowrscoir pundis and to the thrid fowrscoir
merks . . . Quhilks bursaris sail be presented be the said James dureing
his lyftyme and efter his deceis be M^ Thomas Aikinheid ane of the Com-
missars of Edr M'' WilUam Dalgleish minister at Crawmound and M^ Robert
Dalgleish conjointlie and that for all and haill the spaice of ten yeiris and
after the expyring of the saids yeiris the presentatioun to belong to the
Provest baillies and counsell of this brugh And that the said soume may
still be imployed and not lye idle or unprofitable in any tyme herefter
quhilk God forbid Theirfoir incaice it sail happen that the samen be innovat
ather be reasone that their sail be na bursaris students in theologie within
the said Colledge or upoun some uther godlie and rehgious consideratioun
tending to the glorie of God the propagatioun of the trew rehgioun presenthe
profest and advancement of learning that the samen change or innovatioun
sail be the speciall advyce of the said James in his owen lyftyme or by
the saids persones above mentionat conjuncthe and severalhe to the effect
that they may sie the samen soume of new imployed againe for pious and
religious uses. . . .
28th May 1644.
[George Suittie and Thomas Patersoun commissioners to the Convention of
Burghs at Ivirkcaldy in July.]
1th June 1644.
Ordaines the dean of gild and thesaurer to send away the powder quhilk [Gunpowder.]
lyes above the Kirk to Holland and to caus revive the same and to bring
the same home againe. . . .
2lst June 1644.
CaUins to mynd that their last commissioners to the General conventioun [Acts of the
6 J . . Conventiou of
halden at the brugh of Dumbartan in July 1643 had lawfulhe mtmiat to Burghs.]
them the haill actis of Borrowis maid in the said last generall conventioun
and specialHe the particular actis underwrittin viz : the act maid formerlie
ordaineing ilk brugh to report their dihgence in writt in dischargeing and
48 EXTRACTS FROM THE RECORDS
punishing of all regraters foirstaUeris within their liberties and saillers
without tickettis.
Item the thrid act of the said Conventioun anent commissioneris to Parlia-
ments Conventiouns of Estaitts generall or particular meittings of borrowis
and anent the quaUtie of the persones chosen to be commissioners to the
saids conventiouns and dischargeing of commissioners to depairt befoir
the dissolvmg of the said Conventioun or substituting of uthers in their
places dureing the tyme of the said meittingis. . . .
Item the tent act . . . anent the extracting and intimating of King David
his generall Chartour grauntit to the borrowis conforme to the said
tent act.i
Item the elevent act . . . defyning the weight of the tun of merchandize
what the same sould wey. . . .
Item the tlurettein act . . . dischargeing all burgessis for buying of any
forrane wair without the knowledge and consent of the magistrattes and
counsell of the brugh under the paines therin contenit.
Item the 23 act . . . ordaineing all brughis to be governed in matters
civill and politicall be the Magistratts and counsell of the brugh and nane
to separat from them under the paines contenit in the said act.
Item the 24 act . . . dischairgeing burgesis from selling to unfriemen at
one tyme above the quantitie of merchandice quliilk one may carie easilie
upon thair bak . . . under the paines therein contenit.
Item the 14 act . . . anent the executing of the acts of ParUament anent
the hame bringeris of strong watteris. . . . ^
Item the 40 act . . . ordaineing ilk brugh to dischairge their nighbom's
from anticipating and foirstalling of the mercattis of the North. . . .
QuhUks several! actis we the Pro vest bailhes and counsell . . . does
testifie and declair that the same wes lawfuUie intimat to us Lykas also
we declair and testifie that Me have lawfuUie and legaUie intimat the samen
to our nighbours and as occasioun lies offerit hes lawfuUie execut the
same. . . .
Ordaines the dean of gild of the redcUest moneyis in his handis resaved
be him for the amies of thes who ar admitted burgesis and gUdbrether . . .
to buy ane hundreth muskets aU of ane boir and excys quher he may best
have the same ather without or within the countrey and to put up the
same in the Touns magasen hows.
Considering that their is many great and heavie burdens lying upon the
nighbours of this brugh and for uther causes and consideratiouns moveing
1 See Extracts, 1604-26, p. 3.
2 The Abstract of missing acts of the Convention of Burghs notes merely an act dis-
charging the inbringing of strong waters, but under no date (vol. iv. p. 547). No Act of
Parliament regarding strong waters or aquavits seems to be recorded till a much later date.
OF THE BURGH OF EDINBURGH 49
them hes dispensit from reteining the retentioun money from the iiighbours
and others of the soumes of money borrowed be the good Toun from them
and ordaines the thesaurer to pay them then: full annuelrents. . . .
26th June 1644.
Ordaines Jo° Binnie kirk thesaurer to pay to M^ Massie preacher for [Payment to
'^ English
his service in the North west parochin the soume of sex hundreth merks. preacher.]
5th July 1644.
Robert Grant keiper of the leid ure hows in Leyth being conveynit {^'jr^^^j^^gg^fj^
for weying of merchand commodities in Leyth qiiliilk belongis to the L«thl
weyhous confest the same Quherfoir the said Robert Graunt actis himselff
. . . that he saU not be fund weying any sort of commoditie within Leyth
or leid m-e hows in any tynie cuming and that under paine of punishment
of his persone and warding at the sicht of the counsell nor sail len his
weightis to wey anything in na tyme heirefter.
12th July 1644.
Compeird Charles Earle of Dunfermhng and haveing appropriat to his [Scat of Eari of
^ " 1111- r'unfcrmhiie in
umquhile father and to his laclie ane seatt in the great churche and desyrit «t cues.]
ane new seatt into the eist churche and for him and his aires renounced
the former seatt disponed to his umquhile father. . . .
The Provest baiUies and counseU in remembrance of the former good
ofi&ces done be his umquhile father hes grantit and disponit ... to the
said Noble Earle Charles Earle of Dunfermhng and his aires maill That
first seatt in the east chm-che lyand foirgainst the pulpitt under the Provests
loft in all tyme comeing and binds . . . them to beatt repair and intertein
the same for the said effect.^
26th July 1644.
Ordaines ane declaratioun to be maid and subscryvit be the Provest [EarWom of
": Orkncv.]
and bailhes and their clerk in favours of the Earle of Mortoun anent the
Earledome of Orkney and quhich declaratioun wes read and heard in
presence of the counsel!.^
1 See Extracts, 1604-26, p. 142, recording the grant of the seat to Alexander, Earl of
Dunfermline.
' In 1643 the lands of tlie earldom of Orkney were granted by King Charles in mortgage
to William, Earl of Morton, redeemable by the Crown in paynient of an alleged debt of £30,000.
See A.P.S. vi. (1), p. 277, for the text of the above declaration.
D
50
EXTRACTS FROM THE RECORDS
ilst July 1644.
[The college accounts for the years 1639-44 are heard and passed.]
[Markets near
Town.]
2nd August 1644.
Compeird M'' Michael Scott and acted himseUf of his owen consent not
to frequent any mercatt neir or within twentie myll of the hows of the
muire quhich ar not allowed be the lawis of the Kingdome and especiaUie
the bridgehows knowis except the said hows of the muire or west port of
Edr under the paine of fourtie pundis. . . .
[Regent in
College.]
1th August 1644.
[The factor of John, Earl of Mar, paid to the masters of S' Paul's Work the
sum of 4,000 merks, due by the said Earl to the Town, with the annuaLrent.] ^
Compeirit M"^ Alex"" Hepburne ane of the Regentis of King James CoUedge
. . . and dimittit his place ... in my lord Provestis hands for himselfF
and in name of the counsell.^
2\st August 1644.
Precept for Ordaines the bailhes furth of the reddiest of the moneyis in thair handis
James Rae° to pay to Janies Rae the Touns colonell the soume of twa thowsand merkis
and the same sail be allowit in thair comptis.
Kirk at the
Trone.
Bill of health.
2Zrd August 1644.
Ordaines band to be given to Laurence Hendersone for the soume of
twa thowsand merkis Scottis money advanced be him towards the building
of the churche at the Trone. . . .
[Accounts of the treasurer to the kirk sessions : charge 27,897" 3' S'^,
discharge, 27,853" 3^ 91.]
2Uh August 1644.
Graunts biU of health to James Colquhoun merchand testifieng that he
lies shipped in the guid shipp callit the Blessing of Bruntiland quherof
Patrik Ged is master certane merchand commodities consisting of hnoun
and wollen cloath pertening to liim and certane uther merchand nighbouris
from Leyth to Cadize in South Spaine and testifieng that the countrey is
frie of contagioun praised be God. ... *
' See 23rd December 1642 (p. 20 supra).
- See 10th October 1631 {Extracts, 1626-41, p. 99). See also Crawfurd (p. 146) who states
that Hepburne resigned to retire into private life. This act ends the fifteenth volume of tlie
Coimcil Records.
^ See p. 3 supra.
OF THE BURGH OF EDINBURGH 51
Ordaines the thesaurer to put up thrie new timber ravillis in the same iTimi.'cr
ravillis.]
places quher the auld ravillis wer befoir betwix Lejrfch Wynd fute and the
gallowes. . . .
Admitts and resaves M"" Alex^ Moriesone to be ane vulgar scholl master [Vuigar schooi-
^ . , J, master.]
within this burgh dureing the counsellis will for learning and teaching of
young children with provisioun and under conditioun that he obey the
injunctiouns set doun and to be set doun to him and with provisioun that
he serve in taking up of the psalmes and reading of the prayeris in any of
the kirkis of the burgh quhen he sail be desja-it be the magistratts of the
burgh for that effect.
30th August 1644.
the sessioun of the
churche Jo° Bynnie, Ar'' Tod and Robei't Meiklejohne.^
Appojmtis to speak with the sessioun of the Canogait for a seatt in that [Seatt Abbey
2nd September 1644.
Forsameikle as the counsell are informed of the neir approaching of For sending of
iT-i • !»• IP-Til 1*1 • 1 1 11 thrie companies
the Enemie towards tins syd oi J^ orth upon which motive they have thoght owt of
, , , n 1- 11 1 1 • • r 1-1 1 1 Kdinliurgh
good that the passage at feterhng sail be keipit tor which caus they have Leyth and
appoynted thrie companies to pas from hence viz. that companie of the
south west quarter of this brugli under the command of James Barnis and
Jo" Twedie ane companie of Leyth under the command of James Crawfuird
and that companie of the baronie of Broghtoun under the command of
Jo" Patersone Theirfoir ordaines the inhabitants of the said quarter and
under the command of the saidis utheris commanders to be wairned and
certified heirof under the paine of lossing of their hbertie if they be friemen
and under paine of banishing this brugli if they be unfrie and farder punish-
ment of theii' persones at the will of the magistrat and this with sound
of drum to be proclamed throw this brugh And siklyk ordaines the
inhabitantis in Leyth under the commandement of Captan James Crawfuird
to be in reddines to marche the morne at seven a cloak in the morning
in Logans Ley reddie to marche under the paine of death as also thes under
the commandement of Jo" Pattersone in the Canogait to repau" at seven a
cloak in the morning in the Colledge churcheyaird reddie to marche whither
they sail be commandit under the paine of death. ^
1 The seat was for the Town Council as superiors of the Canongate.
- On Sunday, 1st September, Montrose had defeated the Covenanting army at Tippermuir
and had occupied Perth without opposition. The Council could not yet know that he was to
abandon the plan of an attack on Dundee and again make for the North. See Appendix i.
52
EXTRACTS FROM THE RECORDS
11th September 1644.
o«-treik of the ForsameikUc as the baillies at command of the counsel! hes payit for
thne companies ^ *^
to sterung. owtreiking the tlu-ie companies quhich laithe wer sent to Stu-hng the
soume of nyne hundredth dolleris Thekfoir the counsel! ordaines the same
to be allowed in their comptis of the extent money.
[M'' David BasOlie, minister at Corstorphine, for good services done and to
be done, is granted an iacrease of 100 merks a year.] ^
IZth September 1644.
[Biu of Health.) Grantis biU of health to James WiUde merchand testifieng that he hes
shipped in the good sliipp caUit the Margaret of Leith towards Cadiz in
South Spaine certane wax hning linappald and dailhs and tliat ther is
twentie fowr persounes pairtlie mercliandis pau'the marineris and that the
countrey is frie of the contagioun Praised be God.
Ordaines Jo° Bynnie bailhe to give to M'' Massie for his paines in
preaching within this brugla the soume of ane hundreth dolleris.
IWi September 1644.
[BUI of Health] Grauuts bill of health to Ninian Williamsone merchand testifieng that
he and his pairtneris bm'gesis of this brugli lies sliippit in the scliipp of
Brunt Hand called the Amitie of Brunt Hand quherof Patrili Angus is
master certane wax Scottis linain knappald and baises to be transported
to Cadiz in South Spaine from Leith and that ther is tlu'ettie persones
pairtlie merchandis and pairtUe marmaris and that the countrejds frie of
the contagioun the suppUcant preving.
Testiflcat
Alexr Clerk
tailyeor of
Monsieur de
Beavisones
compt.
25«A September 1644.
Graimts testificat to Alex^ Clerk tailyeour testifieng that he hes furnished
to Monsieur de Beruvisone certane merchandice extending to the soume
of fourten hvincketh pund Scottis in merchandice . . . the said Alex'
deponing in presence of ane bailhe upon the veritie of his comptis.
Grants testificat to Ahsone Cowan rehct of umquhile Patrik Cowan
tailyeour for furnishing as unto Alex'' Clerk.
'ind October 1644.
[Loan.) Forsameikle as the haill extent moneyis of the loan money is not yit
fulhe uplifted and the Collector generall and his deputtis urges the payment
therof and Jo° Bynnie kirk thesaiu'er haveing lyand besyd him certane
^ See p. 12 supra.
OF THE BURGH OF EDINBURGH 53
soumes of money unprofitable Theirfoir ordaines the said Jo° Bynnie to
advance the soume of sex thowsand merkis for compleitting of what is
dew to the said Collector and ordaines the bailhes uptakeris of the said
taxt to repay the said soume to the said Johne furth of the reddiest of the
said extent money betwix and Mer times nixt preciseUe.
[Water bailie of Leith, James Rucheid ; Baron bailies, James Rucheid and
John Acbiistoun ; Bailie of North Leith and Pleasance, Henry Bannatyne ;
Bailies of Canoyigatc, Henry Bannatyne and Harry Rae.
Council for 1644-5 : Provost, Sir Jolni Smyth ; Bailies, Andrew Symsoun,
Robert Achiesoun, John Ingles, George Waker ; Dea7i of Gild, George Siiittie ;
Treasurer, John Fairholme ; Councillors, Sir Wilham Gray, Thomas Charteris,
John Bymiie, James EiUies, Robert Maistertoun, Peter Blaikburne, Thomas
Miidie, Robert Sandilandis, Patrik Thomsone, Thomas Calderwood, Patrick
Grahame, skimier, Thomas Halyburtoun, shoemaker ; Deacons, Robert Mackean,
skinner, Adam Lamb, goldsmith, Alexander Pennycuik, surgeon, Gilbert
SommerveU, tailor, Thomas Ingles, pewterer, James Broun, shoemaker ; Extra-
ordinary Deacons, Thomas SommerveU, furrier, Andrew Dahumple, wright,
Robert Prestoun, mason, Patrick Stenhops, baker, WUham Blythman, flesher,
William Sklaitter, weaver, John Wanes, waulker, Robert Lauchlane, bomiet-
maker.]
9th October 1644.
Graunts bill of health to David Wilkie testifieing that he lies shipped [bhi of Health.;
in the good shipp called the [ ] Quensferrie quherof George
Prestoun is master certane wax Scottis linoun and red herring at Leyth
to be transported to Cadiz in South Spaine and that their is twentie four
persones or theu-by pairthe nierciiandis pahtlie marineris and that the
countrey is frie Praised be God of the pest.
12th October 1644.
[A legacy is left by Anchew Beattie, tailor, subject to the liferent of his widow
Alison Skirvmg, amounting to 2,000 raerks, wliereof 1,000 mcrks for a bursar
in tlie College, 500 merks for relief of the Common Good and 500 merks to
the churches of the Burgh. Alison Skirving having assigned to the Council
bonds to the above amount, they agree to pay her at the rate of 8 per cent,
viz. 187 merks.]
nth October 1644.
Forsameikle as the Provest bailhes and Counsell being oftymes put to [Preacher
during
provyde then- pulpitis upon ane sudden throw the absence of some of then- vacancies.]
ministeris be the pubhc imployment of the Churche of this kingdome for
ciuhich cans they have maid choyce of M"" Robert Young regent for the
present in King James his Colledge ^ to preaclie as he sail be requyiit be
1 Jlr Robert Youiig liad been appointed regent of Humanity in 1638.
d2
54
EXTRACTS FROM THE RECORDS
the Provest or any ane of the bailhes ilk Sunday eftirnoone for the space
of fowr or fyve years or longer as the counseU sail think expedient For which
caus the counsell graunts unto iiim dureing his service the soume of ane
thowsand merkis Scottis yeirhe. . . .
[M' Robert Young resigns his place as regent.]
[College.] Electis M'' WilHam Twedie ane of the Regentis of the old coUedge of
yt Androis to be ane regent now in King James Colledge of Philosophie in
place of M'' Alex'' Hepburne who laithe dimitted liis place there. . . .^
I8th October 1644.
[A committee is appointed tor inspectiag the churches of each parish and
settling the seats.
Commissioners are apjjomted lor the election of a regent of humanity.]
[Bill of Health.
[Church at the
Troll.]
[BillofUealth.'
[Copper for
Church roof.]
25th October 1644.
Grants bill of health to Jo" Halyburtoun merchand testifieing that he
lies shipped aboard in the good shipp caUit the Elizabeth of Queensferrie
quherof James Hall is master certane merchandice consisting of walx
Scottis lyning and knappald at Leyth to be transported to Cadiz in South
Spaine and that there is twentie fowr persones or therby pahthe merchands
and pairthe marineris and that this countrey is frie of plague and j^estUence
Praised be God.
26th October 1644.
Agries to theik the kkk at the Trone with copper and for that effect
ordaines to send to Hambrugh or Amsterdam for copper quher the same
may be had cheapest and maist convenient. . . .
1st November 1644.
Grants bill of health to Jo° SommerveU merchand testifieing that he
hes shiiDpit aboard of the good shipj] calht the Johne of Leyth quherof
WiUian Hagie is master certane merchand commodities consistmg of walx
Scottis lyning knappald and pypstaves at Leyth to be transported to
Cadiz in South Sjiaine and that ther is twentie persones pairthe merchandis
and pairthe marineris and that the saidis persones and guidis ar frie of the
plague and pestilence Praised be God.
8th November 1644.
Ordaines Sir Wilham Gray to wryt to James Red merchand in Amsterdam
to buy for covering with plaitt copper the churche at the Trone of the
'■ See p. 50 supra.
OF THE BURGH OF EDINBURGH 55
thicknes conforme to the patterne to be direct to the said James to the
number of ane thowsand stane of copper and to give him assiureance of
repayment of what soumes of money he sail advance theranent.^
[M'' James Pillouns, student, was elected regent of liumanity by the com-
missioners appointed thereto.]
Forsameikle as the counsell finding the nighbouris to be destitut of ane [Drm-master.]
ch-eill master and wauch master for attending the nightUe watches and uther
exercises neidfull of amies in such an exigence of tyme as the publict
necessitie of the Toun requyres and the counsell finding it ane necessitie to
provyd ane sufficient and skilfuU man for that place and knowing of the
abilitie and quahficatioun of Johne Tarbett brodinstar to discharge the
said place Theirfoir they have elected nominat and admitted the said Johne
to the said place dureing the counselhs will . . . Lykas the counsell promitts
unto him monethhe for liis service the soume of f3rftie merkis Scottis from
the first of November instant.
13th November 1644.
[The Council, extraordinary deacons and forty-four neighbours] ordaines K'onyention of
their clerk to caus wairne the haill burrowis for meitting at this brugh the
last day of December nixt with continuatioun of dayls and appoyntis their
meitting to be there conforme to the act of burrowis maid in the conventioun
at Kirkaldie last quheranent thir presentis sail be his warrand.
Forsameikle as the Provest baiUies and counsall considdering the many committee
dangeris this toun and inhabitants therof ar exposed unto throw the prevening the
, n 1 *iTpr •• dangers of the
calamities of the present tynies especialhe tor any torrane or mtestme calamitous
invasion!! and that it is incumbent to them to fou-sie the sameii and to
prevein the same be all the lawfull wayis can ly in thair power Theirfoir
they have thoght nieitt and expedient to appoynt ane certane number of
the present counsell with ane number of the most wys circumspect and
discreit men within this brugh to meitt and to convein be themselffis and
to consult and deUberat upon all such thingis as may be incident in such
a calamitous tyme and to lay down all the wayis they can find owt or think
upoun for prevening the saidis calamities quherunto they may be subject.
[For which purpose a committee of nineteen persons, including one baillie, the
dean of gild and treasurer, or any nme of them, including the last three.] ^
• See preceding page, 26th October.
^ The Town was really safe enough from Montrose and the Royalists, who were on
Speyside. Perhaps a rumour hatl come of his proposal for a tlescent on the Lowlands, which
came to nothing owing to the objections of his Highland anfl Lowland troops. The act is a
testimony of the terror inspired by the King's Lieutenant-General in Scotland, even while
Argyle and his army lay between him and the Lowlands.
56 EXTRACTS FROM THE RECORDS
29th November 1644.
[Correction The Couiisell electis and nominattis Robert Staiifeild sone to umquhile
William Stanfeild to be Master of the Correctioun hows at the fute of Leyth
Wynd in place of the said umquhile WUUam laitt Master therof. . . .
Uh December 1644.
[Merkpertun [The Coimcil and fifty-six neighbours bemg met m council] forsameikle as
an pac ^^^ Provest baiUies and counsell of this brugh haveing purchast and obteind
of the Kings Majestie for advancement and perfyiing of certane pious
workes erected within this brugh twa severall gifts for one effect viz. for
uplifting of 1.3^ 4'' of ilk tun and pack of goodis imported be quhatsumevir
merchandis burgessis and inhabitantis within this brugh and be quhatsum-
evir uther persones natives or strangeris alsweill dwelhng as not dweUing
within this brugh of quhatsumevir natioun within the boundis of Scotland
ather be sea or land exported and imported witliin the said brugh tounes
of Leyth and Newhaven or within any pairtis within the Kberties of the
said brugh and pairtis of Leyth and Newhaven ^ With power to the saidis
Provest baillies counsell and commountie and their successoris their factoris
and servitouris in their names to seik exact uplift and resave in aU tyme
cuming the soume of thretten shiUingis fowT pennyes of everie tun and
pack of goodis imported be quhatsumevir merchancUs burgessis inhabitantis
within this brugh and be quhatsumevir persounes natives and strangeris
alsweill dweUing as not dwelhng within this brugh of quhatsumevir natioun
owtwith the boundis of Scotland and whither be sea or land exported and
imported to and within this brugh tounes of Leyi:h and Newhaven siklyk
and als friehe in all respectis as they wer in use to uphft any uthir custome
within tliis brugh and priviledgis therof as the saidis giftis in themselffis
mail' fullie proportis And becaus the exactioun of the said merk upon the
said tun and pack lies not bein so universaUie hfted as the saidis giftis did
prescryr'e bot that uthir merchandis not inhabitantis within this brugh
lies bein overpassed to their benefite and prejudice of the nighbouris
merchandis inhabitantis traffiquers and that the sole burthen lay upon the
nighbouris of this brugh quhilk maid ane difference betwix them and aU
uthir in this Kingdome in the seall and venting of their goodis the quhilk
the saidis nighbouris ascryved to the unusuaU bm-den and so made them
groane under the burden therof as being ane mayne hinderance of the
friedome of trade and traffiqueing And the saidis Provest baiUies and
' See Extracts, 1626-41, xvi., and Appendix xvii. The letters of gift bore that the impost
was during the King's pleasure. From this entry it appears that the Council intended, or
at least promised, to let it lapse after a time. In reality they were forced to have it renewed.
OF THE BURGH OF EDINBURGH 57
counsell liaveing taken the same to their luoir serious consideratiouns and
liaveing resolved ane Christian and charitable way that peace and amitie
sould ever be keipit betwix them and their nighbouris and considering the
many pious workis quhilk ar intendit within tiiis brugli and ar not as yet
perfyted quhilkis pious workis and the building therof wer the most motive
causis of his Majestic granting of the saidis giftis to the perfyting quherof
they find the nighbouris of the brugh most wilhng to jjut to their handis
to help and contribute swa far as in them lyeth for the advancement of the
samen to Gods gloria to the ease and commoditie of the inhabitants and
decoreing of the good Towne as said is as formerlie they have bein reddie to
doe the same Tiiairfoir the saidis Provest baiUies and counsell with the
advyce and consent of the nighbouris merchandis traffiqueris and utheris
have all with ane voice accorded that the said impost of ane merk upon ilk
tun and pack of goodis sail be yeuiie uphfted till the finall compleitting of
that churche situat neir to the Castle hill on the north west pairt of the
Hie streit of this brugh in ruiff windowis wallis and dooris and for ane fuU
yeir thau-eftir the benefite of the wliicli yeir dewtie is to be applyed upon
the ruiff of the Grayfreir churche situat within the buriell place of this
brugh allanerhe the quhilk churche of the north west being so compleited
and the said yeir and day thau-eftir uphfted the said exactioun of ane merk
upon ilk tun and pack of goodis to ceas be voyd and extinct lykas now as
then and then as now the saidis Provest baillies and counsell for themselffis
and theu' successoris declaires the saidis giftis to be voyd and extinct and
binds and obleisis them and their successoris never to exact any such
dewtie be vertew of the saidis giftis eftir conijjleitting of the foirsaid churche
and uphfting ane whoU yeii- dewtie as said is Dischairging lieirby the
Collectovu'is foirsaid of all yeirs bygane preceiding the day and dait heirof
(except such as is alreddie collected be merchandis ather of their nighbouris
or of strangeris as is in their handis.) [John Ronnald, merchant, is appointed
collector and treasurer of the impost with a committee of twelve] with advyce
allwayis of my lord Provest if his effaires can perraitt wha is ordained to
be supernumerarie to which persones the saidis Provest baiUies and counsell
committs the advyce and ordouring of the fabrick of the said churche and
ordaines the said collector to be diUgent in iiplifting and imjiloying of the
moneyis to be gotten therby swa that the building of the said churche sail
not be procrastinat nor the samen lye idle in the building thairof bot that
the said yeirhe impost be yeirlie imployed to the finall compleitting therof
and of ane full yeir thaireftir for the use foirsaid. [It is agreed that the
Council, with advice of the neighbours shall have full power to elect sub-
collectors and auditors] And ordaines the Provest and baillies with their
baillies of Leyth to give their legall concurs for uplifting the said impost
58
EXTRACTS FROM THE RECORDS
dureing the said spaice and the said yeir and day thaireftir and last it is
heu'by declaired that if any persones eftir the compleitting of the said
churche and yen- and day thaireftir sail be fund to be restand awand any
pairt of the said impost for ony spaice within the tynie fotrsaid that the
said Provest and baillies sail put the said gift to excutioun againes them
accordmg to the tennour thairof for the use of the thesaurer if he be super-
expendit and if not superexpendit for the uses foirsaid As also for avoyding
of all questiounis in the ingathering of the said impost that eigiiten boUis
of victuaU or salt saUbe compted for a tim and that ane shippis loadning
of timber consisting of ane hundreth tunes sallbe estimat to fourtie tunes
aUanerlie and so proportionalhe of iUv shipjjs loadning of timber and
ordaines this present agriement to begin upon the first day of November
last Lykas the saidis nighboiu-is conveind agried and consented that letteres
of horning suld pas upon this present act.
[College.)
6th December 1644.
[Price of ale 14'* the pint ; price of double beer IS"* and of single beer
9* the pint.
The extraorduiarv deacons agree to the act as to the merk per tun and pack.
A connnittee is appointed] to visite the CoUedge and to take com"se for
remembring the benefactoiu-is of the Colledge to the posteritie.
[College.]
llth December 1644.
[M' Matthew Weymis, minister at HoljTOodhouse resigned his charge.^
The accounts of Laurence Hendersone, treasurer to the cliurch at the Tron
show a charge of 9,800" 19^ 2^' and a discharge of 9,823" 7" 9'i. He is reappoiiited
to that office.
The accounts of James Eilleis, collector of the merk per tun for the year 1641-2,
show a charge of 6,937" 13^ 4<' and a similar discharge. He is to give the names
of all persons who have not paid to the present collector.
The accounts of John Ingles, collector of the merk per tun for the year
1642-3, show a charge of 8,454" 6^ 8'', exceeduig his discharge by 170". This
sum is to be given to the last treasurer of the Town and the names of all persons
who have not paid are to be given to the present collector.
The stipend of M'' Matthew Weymis and his successors at the church is
augmented to 500 merks from the bishopric and 400 merks from the deanery
of Edinburgh.]
IZth December 1644.
Compeird James Barns thesaurer to the CoUedge and granted him to
have resaved from James Murrey younger in name of the right honorable
' It appears that Mr Matthew Wemyss had been second minister at the church of Holy-
roodhoiise under Mr James Hanna, translated to Edinburgh in 16.S5 and later Dean. The
records of the Hammermen of the Canongate mention Mr Wemyss in 1632 and 1635.
OF THE BURGH OF EDINBURGH 59
Sii' Alexander Hammiltoun Generall of the artillerie burges and gildbrother
of this bi'ugh the soume of twa thowsand merkis which with the advyce of
M'' Robert Dowglas [is] allotted and dedicated for the use of the CoUedge
especiallie for covering of the hbrarie in the said Colledge. . . .
I8th December 1644.
. . . For the reddle pajonent and uplifting of the merk uj^on the tun [Merk iwr tun
agried unto be the nighbouris it is thoglit expedient and ordained that at
the entrie of illv ship it sail be intimat to him who becomes sovertie that
he is cautioner also for the payment of the merk of the tun dew be the
said shiiJjD as also ordaines that the thesaurer at his resait of the said entrie
sail not give owt the same to the pairtie befoir that lie sail resave ane
warrand to that effect from Jo" Ronnald thesaiu-er to the said Impost as
also farder declah's that the subscriptiouns pm-chased from ane number
of the nighbouris acknawledging the legahtie of the said Impost which is
affirmed to be lost ar null and void and the reteineris and conceileris theirof
lieirby declaired to be favourers of the combustioim quhich the same wes
likhe to have bred and not good commoun wealthis men.
Forsameikle as the churche at the Trone is now reddie to be covered [ciiurcii at the
with the timber rooff thairof and ane great pau't thairof alh'eddie jiut ujj
theirfou' ordaines Laurence Henrysone present thesaurer to the said worke
to compleitt the said timber rooff with all dihgence. . . .
20th December 1644.
Forsameikle as umquhile Robert Eillies ordained be his latter will and [c'l^m'?''''* 'n
. 1 1 • ■ I • 1 College.]
testament ordered [sic] his executoris to build twa chalmeris withm the
Colledge of Edinburgh upoun liof)e of payment quherof Jo" Jossie lait
thesaurer to the said Colledge lies builded the said twa chalmeris and resaved
on payment thairof Thairfoir ordaines the expensis debursed be him upon
the saidis chalmeris to be allowed in his comptis . . . and ordaines James
Barns present thesaurer to persew the executoris foirsaid for repayment of
the said soumes. . . .
Forsameikle as Margaret Richardsoun relict of uniquliile M"" Jo" Galloway Donatioun
hes offerd to jDay presentlie the sounie of fyve hundreth iDundis to the use coUedge.
and towards the building of ane chalmer witliin the Colledge of this brugh
off the quhilk soume James Barns present thesaurer to the Colledge com-
peirand grauntit the resait Thau-fou* the saidis Pro vest bailhes and counsell
ordaines the said present thesaurer and his successoris thesauraris of the
said Colledge to pay to ane bursar to be presented be the said Margaret
the soume of fom'tie pundis yeh'lie for the spaice of fowr yeiris nixt and
60 EXTRACTS FROM THE RECORDS
immediatlie heireftir and eftir the expjTing of the saidis yeu'is ordaines
the same to ceis and this present act to be no mou- efFectuall. . . .
22>rd December 1644.
Agains suspect Forsameikle as the necessitie and danger of the present tviues does
shipps barkis i i i x »/
crearsand requyre that no persones barkis ships nor erears nor boatts sail rejjair
within the barberies of Leyth or Newhaven from Newcastle or any suspect
places without the knowledge of the magistratts Thairfoir ordaines the
watter bailhe of Leyth to cans speak all vesheUis cumand towardis the
saidis harbories and if they sail acknowledge the cuming from such hk
suspect places that the saidis barkis or vesselhs or any persones or guidis
within the same be discharged from comeing within the saidis harbories
or bringing in or sending in any persones or commodities within the same
under paine of death to be incurred be the maisteris of the saidis vessells
with certificatioun to all persones within the hberties of this brugh not
to resave any persones transported be the saidis vesseUis under paine of
banishing the same for evir. . . .
2bth December 1644.
[PestUence.] Forsameikle as the counsell fincUng it expedient that one be provydit
for visiting and trying all such persones as may be thoght to be visited
with the contagioun Theirfoir they have nominated and elected Doctor Jo°
Pauhtius for that effect dureing their will and hes ajjpoynted unto him
for ane fiall for his jDaines fourtie pundis Scottis per mensem. . . .
[Foreign siiips] Electis James Halyburtoun skipper and Andro Hutchiesoun in Leith
also skipper there to be valueris and esteimers of aU shipps barkis and
erears comeing from forrane places to the harberie of Leyth. . . .
[Seat for Compeird Jo" Ingles ane of the bailhes and presented ane act of the
canongate kirk scssioun of the Canogait quherby they designe to the Provest baillies
and counseU their superiouris the eistmost of thes two fou' seattis right
under the Kingis gildit dask and just agamst the pulpitt. . . .
\st January 1645.
[Prize of War] Graunts testimoniall to James Rucheid merchand ane of the baillies
of Leyth testifieing that the said James shijDped at the port of Berwick
in the shipp callit the [ ] of Berwick quherof James Smyth is master
the number of fourtie sex barrellis of salmond pertening to him and Robert
Trotter liis compartner from the said port to the toun of Newjjort in West
Flanderis and that he is informed that Alpherus Diksoun hes arreisted the
same there as pertening to Captane Lues Dick in respect the said Ca^Dtane
OF THE BURGH OF EDINBURGH 61
beiiig in the Parliament service of England had taken from the said Alpherus
his shipp and goodis and maid prys theirof and testifieing that the saidis
goodis perteind to him he jirieving the premisis to be of veritie.
[Sir John Smyth of Grottall, Lord Provost, and Robert McKean, deacon
of the skinners, are appointed commissioners to the ensuing ParUament and
particular Convention of Burghs.]
3rd January 1645.
[The late M'' WUham Struthers, having an annuabent of 600 merks payable
by Sir Walter Stewart of Minto out of the lands of Daldowie in the parish of
Monkland and barony of Glasgow, luider reversion of 6,000 merks, has left the
said annualrent equaUy between tlie Colleges of Edinburgh and Glasgow for
the support of two students of divinity in each CoUege. The students to be
presented are to be taken from the poor of the resjjective towns or from ministers'
sons of those presbyteries and to be maintained for four years. The patrons
are to be the Councils and ministers of the respective towns. Failing the correct
use of the legacy by either of these patrons, the other patrons are to have control
of the whole sum, under condition of employing it in the mamier enacted.]
5th January 1645.
[The Council, ministers and professors of the College elect M'' John Adamsone,
principal, commissioner to the General Assembly in the Town on 22,^'^ January.]
The counsell appoyntis to revise the old lawis of the CoUedge to try [CoUege,
how they are keiped and quhat ar necessar to be changit or abrogat or laws]
quhat may concerne the Colledge and to report the baillie Robert Achiesonn
George Suittie dean of gild M'' Andro Ramsey M'' William Coline and
M'' Jo° Osuald ministeris Jo" Bynnie merchand Robert Mackean deaken
of the skinneris M"^ Johne Adamsone principall M"" Thomas Crawfuird ane
of the regentis and James Barns thesaurer of the said Colledge.^
Sih January 1645.
[Election of commissioners from the Council to the Assembly.]
\5th January 1645.
Electis to be assessoris to Sir Jo° Smyth for to advys and concur with [Parliament.]
his Lo. in all matteris concerning the Parliament George Suittie Sir William
Gray Thomas Chartres Adam Lamb and GUbert SommerveU.
Ordaines the dean of gild and his connsell to admitt and resave Nicoll [Burgess.]
DufFe tailyeor to be burges and gUdbrother of this brugh for payment of
the ordinar dewes and ordaines him to repay the same to him, as also dispenses
' See Extracts, 1626-41, Appendix vi. pp. 283-93.
62
EXTRACTS FROM THE RECORDS
[Wrecked
ship.]
with his armour and all this at the desyre of M'' Johne Arnot doctor of
physick.
nth January 1645.
Grants letteris of recommendatioun in favouris of [nine burgesses]
recommending to the judges in Suffolk in England and all uthir judges the
saidis nighbouris anent theu* shipp callit the Blakhors of Amsterdam quhich
sufferit shipwrak laitlie neirto Albrugh in the Countie of Suffolk in England
the best part of the marineris being safe be the providence of God earnestlie
intreatting them to doe the saichs nighbomis justice.
12th February 1645.
[Ministers.] Ordaines the commissioneris of the Generall Assembhe to supplicat
the said Assembhe for thrie ministeris furth of this synod of Edinbiu-gh
with reservatioun allwayis of any libertie the Toun hes to seik ministeris
throw the haill kingdome. . . .
14:th February 1645.
[The Council and extraordinary deacons authorise Laurence Hendersone to
borrow 2,000 inerks for the building of the church at the Tron.]
l^th February 1645.
[The College treasurer reports a legacy of 1250" by the late Andrew Ainslie
towards the uiamtenance of a professor of' divinity.]
[Insults to
collector.]
[Town's
regiment.]
[Ministers.]
2Uh February 1645.
James Willsone skipper in Leyth being conveuid for his injurious wordis
given to Johne Ronnald merchand in collecting the mark of the tun which
he confessd Quhairfoir the counsell unlawis him in the soume of twentie
merkis and ordaines him to pas to waird till he satisfie the pairtie offendit
and pay the unlaw and mak satisfactioun to the counsell there to
remaine. . . .
Ordaines the thesaurer to pay to Lieutennent [sic] Andro Milne in jiairt
of payment of his bygane fie for dewties for his service as Ueutennent to
the Touns regiment the soume of sex hundreth pund Scottis. . . .
Compeird Jo° Bynnie and producit ane act of the Generall Assembhe
quhairby the said assemblie gives full jiower and warrand to the com-
missioneris appoynted be them to sitt at this brugli for the pubhct affaires
of the kirk to transport any thrie ministeris from any of the kirkis respective
within the province of Lowthian upon the desyre and sute of the good
Toun with power to the saidis commissioneris to direct citatiouns and
OF THE BURGH OF EDINBURGH 63
to [doe] all uthir thingis necessar to the effect foirsaid Declairing thairby
and provyding that the muiisteris of Edinburgh sail not have any voice
in the said matter bot thairby ar expreslie excludit as the act the 12 of
Februar instant at mair lenth is contenit.
3rc? March 1645.
[The treasurer to the Kirk Council is ordered] to pay to M"" Alex"" [Ministers.]
Henrysoun and M"' George Gillaspie their ordinar stipendis dew to them
for their service in the ministrie of this brugh since their goeuig in to England
notwithstanding of their goeing to England. . . .
^th March 1645.
Quhairas the Counsell hes electit and chosen WiUiam Baxter George [Excise.]
Leslie William Shaw and David Makgill to be collectoris of the excys money
witliin this brugh Thairfou' they appoynt unto them for theii- paines in
uphfting thairof twa of illi hundreth to be payit to them of all soumes that
they sail collect and ordaines the said twa of ilk hundreth to be divydit
among them aff the to tall soume to be coUectit be them proportionalhe.^
19/^ March 1645.
Quhau'as the Counsell finding the tymes quhairin they ar fallen at tlie [i'roriamation
pleasure of God Alhuightie to be extremlie dangerous and this brush exposed remain in the
f • ■ 1..1 ■ .,..*.^, Town and
to many mconveniences and the commoun enemie exceiding msolent and strangers to be
1 1 1 -11 c 1 I 1 • -r. notiSed.]
the commoun danger and iiernll oi brugh to be verie great ii not prevented
so that not onlie the mIioU burgessis of this brugh bot all the inhabitants
within the same may be thairby concerned in a verie hie way so that theii'
presence within the Toun is verie necessar Thau'foir ordaines proclamatioun
to pas throw this brugh be sound of ckum in name and behalf of my lord
Provest baiUies and counseU commancUng that all burgessis and inhabitantis
within this brugh sail remain and abyd within this brugh and not depairt
fiu-th thairof without hcence of the magistratts under the jjaine of ane
thowsand pundis lose of their libertie and foirfalture quhat they have
within the same to the maintenance of the pubhct and defence of the Toun
and such as for the present are without the Toun that they repak to the
same witlim fourtie eight houris under the fou'saidis paines And becaus
1 The Convention of Estates on 26th January 1644 had appointed a committee to discuss
the levying of an excise on all imported goods as a means of financing the army till such time
as payment should be made by the English Parliament. On 31st January an act was passed
authorising it as a temporary expedient and giving a table of the rates chargeable (A.P.S.
vi. (1), pp. 73, 7.5, 76). The Parliament, which met in June 1644, issued a commission for
the excise, dated 29th July i^ibid. p. 237).
64
EXTRACTS FROM THE RECORDS
[Town Watch.
[Monthly
maintenance.]
thaix is a great resort of all kynd of people from all pairts within this
kingdome and of strangeris to this brugh and ar indifferentlie resaved be
all Theirfoir also to command and chairge that all osiers and uthu' inhabitants
who hes any strangeris within their housses or sail happen to resave any
persones within thek houses or chalmeris sail within fowr houris theireftir
come to some of the magistratts of this brugh and give up their names and
qualitie and from quhence they come with certificatioun to all such as sail
neglect to doe the same they saU incur the unlaw of ane thowsand pundis
and lose of the hbertie of the said brugh for ever.
The same day forsameikle as my lord Provest baillies and counsell
finding it most necessar for the weill and saftie of this Towne and inhabitants
thairof that ane strong watclie be nightlie kei^jit and hes appoynted and
ordained that the said nightUe watche be keipit be ane wholl and intire
company and that they enter at eight in the cloak at night and theirat
remaine till sex in the cloak m the morning and not dissolve thairfra befoir
the said tyme Thairfou- ordaines proclamatioun to pas throw this brugh
be sound of drum commanding and charging that all the burgessis and
inhabitantis within this brugh according to their severall companies keip
and attend the said watche the tjane foirsaid under the pame of fyve pxmdis
for the first fault ten pundis for the second and farder punishment of their
persone at the wiU of tlie magistratts And all that comes sero saU pay twelf
shillingis tofies quofies And farder that iiu'espect the saidis watches cannot
be orderhe keipit except they be sufficienthe instructed in mihtarie disciphne
that all the inhabitantis of this brugh be in reddines to marche furth for
dreilhng under their severall commanderis and collouris to the jjlaces
accustomed at the touk of the drum at sex in the cloak in the morning under
the jiaine of fyve pundis to be payit be ilk persone saU failyie.
The same day forsameikle as upon the twentie sevent of Februarii last
the Estaitts of Parliament conveind in the second sessioun of this first
trienniaU Parliament be vertew of the last act of the last Parhament holdin
be his Majestic and the thrie Estaitts of this kmgdome m amao 1641 did
inact for the maintenance of the airmie that among the shjrres and brughs
of this kingdome the brugh of Edinburgh sould intertein the number of
fyve hundreth thriescou" fourtein men at sex shilhngis per diem inde per
mensem fyve thowsand ane hundreth thriescoh' sex pund and that from
the first of Marche instant to the last of August nixt inclusive extending to
the space of sex monthis and extending to the soume of fyve thowsand
ane hundreth thriescoir sex pundis per mensem and in haill to the soume
of threttie thowsand nyne hundi-eth fourscoir sexten pundis for payment
quhairof the Provest baillies and counsell hes ordained and ordaines the
said soume of tlu-ettie thowsand nyn huncketh fourscoii' sexten pundis to
OF THE BURGH OF EDINBURGH 65
be levied of all the persones within this brugli and liberties thau'of of South
and North Leith Canogait and Pleasance viz. all heretouris within the saidis
boundis and all burgessis and trafifiqueris exerciseing any trade conforme
to the tenour of the act of Parhament.
21st March 1645.
Ordaines Henrie Bellenden and M^ James Logane to resave fra the [Excise.]
surveyars of North Leith ane note of the excysable goodis there under
their handis and to deljrver the double thairof to the collectoris of the
excys then- and they to be chairged thairwith in their comptis conforme
thairto.^
25th March 1645.
Ordaines the waUis of the Toun to be visited and quher they ar defective [Town waiis]
to be repaired according as the counsel! sail thereftir prescryve and that
ane new port be maid at Leyth Wynd fute and ane uthir at Pleasance
port. . . .
28th March 1645.
[M'' John Forester, .student, is elected a doctor in the High School in place
of the late M ' Roger Lowrie.]
Ordaines Jo° Ronnald thesaurer to the building of the churche in the (cimrch at
Castlehill to borrow upon interest the soume of fyve thowsand merkis to
be repayed fm'th of the impost of the merk upon the tun and he to give
band therfou- . . . and the said thesam'er to be chairged theirwlth in his
comptis and discharged as imployed upon the said worke.^
29th March 1645.
[The Council and extraordinary deacons] electis Jo° Edgar merchand [Town waiis.]
to be thesaurer for repauing the Toun waUis quhau- they ar defective
[and aijpoints a committee to mspect the walls and report] and ordaines the
thesaurer to borrow the soume of thrie thowsand merkis as the necessitie
of the work sail requyre and to pay interest thau-foir and to delyver the
same to the said Jo° Edgar.
31st March 1645.
Forsameikle as my lord Provest baiUies and counsell resenting the Discimirging of
manifold dangeris quherunto the whoU inhabitantis of this brugh ar exposed hrydics and
' See p. 63 supra.
^ Marginal note : The Counsell ordaines this act to be deleitt in respect of ane act of
coiinsell maid theranent the 12 of March 1647.
E
66
EXTRACTS FROM THE RECORDS
now in this tyme of commoun calamitie and publict pestilence quherby
God hes visited this Idngdome throw too publict and unnecessar lykwakis
penny brydellis and that undecent and strumpetlyk liabite of plaids so oft
forbidden quherby people inclosed may resort not onUe to the streitts and
pubhct mercatis hot also to the kirks to the hazard of all utheris Thairfoir
ordaines proclamatioun to pas throw this brugh be sound of chum dis-
charging all keipmg and making of lykwakis and all inhabitants from
frequenting of the same under the paine of twentie pund to be payit be
the contraveiners and also discharging all inhabitants within this brugh to
presume or tak upon hand to make any penny brydles or frequent the
same under the paine of fourtie pundis to be payit be the contraveiners
toties quoties and last to discharge aU persones of quhatsumevir C]uahtie
to presume or tak upon hand to come to the publict streittis or vennellis
of this brugh or kirkis of the same with plaids under the paine of confiscatioun
of the same quhersoevir they can be fund be all persones can apprehend
the same.
1st April 1645.
[The extraordinary deacons agree to the act about the maintenance. A
tax for the sum with 1,004" for expenses is to be raised. The treasurer is to
borrow half of the said sum. Extentors are appointed.]
Helper
promeisd to
Mr Andro
Ramsey
conditionaUie.
2nd April 1645.
Forsameikle as this day compeird Mr Andro Ramsay with some elderis
deakens and parochiners of the south jiarishe of this brugh . . . and in
consideratioun of the said M'' Andro his age and infirmitie desjTed that
ane helper sould be provydit to the said M'' Andro ^ and that the counsell
would presentlie nominat the said helper and in the mein tyme promeisd
to procure from the parochineris of the said paroche ane yeirlie stipend
for maintenance of the said helper Quhich being taken be the counsell
to then consideratioun they have promitted that at the returne of M"" Alex''
Henriesone M"" George Gillespie and [ ] ^ to then chairges ^^ithin this
Toun that they sail appoynt ather M"" Mungo Law or M"^ Robert Lowrie
for ane helper to the said M"" Andro provjTling allwayis that the saidis
elderis and deakens sail procure with diligence of the saidis parochiners ane
declaratioun for ane yeirhe sufficient maintenance for the said helper under
their handis and if they sail failyie therin in that caice they promeisd to
desist from seiking of the said helper.
• Mr Andrew Ramsay was elected in April 1614 {Extracts, 1604-26, p. 115).
- Mr Alexander Henderson and Mr George Gillespie were still commissioners in England
(see p. 63 supra). The other absent minister is not named in the records.
OF THE BURGH OF EDINBURGH • 67
lOth April 1645.
The counsell finding that throw the occasioun of the imminent danger For lauriatioun
of contagioun the scholleris of the Colledge ar grittumUe distracted Thairfoir trands and di-
the counsell ordaines the present masteris of the Colledge to lauriat the coiiedge.
magistrand clas and to dismisse the rest till they be advertised anent the
estait of the Toun and troubles of the tyme.
The counsell finding the increas of the contagioun has thairfoir thoght Pauiitius
-11 r r . . . r visitor of the
good that doctor Joannes Pauhtms sail be maid choys or tor visitemg oi seik of the
,,.,.,. f. contagioun.
all such persones sail happen to deceis within this brugli or hberties thairoi
as he sail be commandit be the niagistratts and all utheris quhora they
sail desire him to visite and becaus that tlie said doctor cannot attend so
preciselie as is requisite without ane competent sounie be allowed for his
intertainment Thairfoir the counsell hes agried with him for attending
the said charge and hes promised unto him the soume of fourscoir pundis
monethlie compting from the first of Apryll instant. . . .
IGth Ajyril 1645.
The counsell dissolveth the hie schooll till the twentie day of May nixt [High school.]
and ordaines them to reconvein the said day.
23?-(i April 1645.
Ordaines James Rucheid watter baillie of Leyth to build and repair [Harbour of
the mid lieid within the harborie of Leyth the most sufficient way he can
and for the maner continowis to Fryday nixt.
Ordaines Jo" Ronnald to procure timber tymoushe for covering the [ciiurch at
churche in the Castlehill . . . and this to be provydit and sent for upon
the Touns risk.
30<7i April 1645.
[The Council, extraordinary deacons, ministers and elders] elected Patrik [pestilence]
Thomsone merchand to be thesaurer for resaving and distributing of the
voluntar contributioun collected for supplie and help of the poor people
inclosed or infected with the contagioun of the pest at the sight and be
the advyce of the thesaurer dean of gild [three councillors and six persons
chosen by the kirk sessions].
1st May 1645.
Finding that thair is nothing hinders so much the dispatche of effaires [spcaiiing in
as the promiscuous speaking of counselleris for remeid quhairof it is statut '^°^"
and ordained that no man sail speak quhdes ane uther is speaking nor befoir
the uther end and that all sail direct their speache to my lord Provest or
68
EXTRACTS FROM THE RECORDS
moderator for the tjmie and who sail faile to pay ane unlaw of thrie shillingis
four permyes toties quoties and the refuisers or delayers to pay the double.
[Bulwark
Ltitli.]
[Excise.]
of
Ith May 1645.
Compeu-d thes appoynted to agrie with Jo° Scott wTight anent the mid
buhvarke of Leitli and maid report that they had agried with him for twelff
hundreth merk Scottis the baillie furnishing timber yron wark and sawing
quhairof the counsell allowed.
The counsell hes agried and ordained that the excys imposed be the
Estaitts upon the flesh sail be uphftit at the port as the bestiall sail come
to the Toun and ordaines that their sail be persones appoynted at everie
port for this effect for resaving thairof.^
[Town
Companies.]
9th May 1645.
[Of the tax for maintenance South Leith is to pay 720" per month and
Canongate, North Leith and Pleasance a similar sum, bemg maintenance for
eighty men each and amountuig in all to 8,640"' between them. The balance,
to be imposed upon Edinburgh, is 23,360" for the six months.]
Forsameikle as be act of counsell of the dait the twentie fom't of Marche
im vie twentie sex yeiris the Provest bailhes and counsell for the tyme for
inabUng of the inhabitants of this brugh for the better defence thairof
incaice of any invasioun did than distribute the haill inhabitants thairof
in eight severall companies by and attoiu' the twa companies of the youthis
of merchandis and craftis ^ and now the saidis Provest baillies and counsell
considering that be the said divisioun there did fall owt ane inequalitie
in the number of the saidis companies and that upon the maner of the
commanding thairof great differences did arys Thairfoir for avoiding of all
differences and questiouns might arys among the saicUs inhabitants and
for helping them in unitie and peace amongs themselfSs They all m ane
commoun consent and assent hes agried and condiscendit that the haill
bodie of this Toun as the inhabitants thairof does dwell and reside merchandis
and craftismen maried and unmaried sail be divydit into sexten companies
quhairof ten companies to be led by ten merchands as captanes thairof
and the utlier sex be sex craftismen as captanes thairof and that ilk ane
of the saidis merchandis captanes sail have ane craftisman to be his
lieutennent and that thair sail be chosen to be ensigne beareris eight
merchandis and eight craftismen and that the serjandis of everie companie
' See p. 63 supra and note.
^ See Extracts, 1604-26, pp. 297-304, for the beginning of the eight companies with one
company of youths. A year later the youths were formed into two companies (Extracts,
1626-41, p. 23).
OF THE BURGH OF EDINBURGH 69
sail be of equall number of merchandis and craftis and the first companie
to be led be ane merchand and tlie reir or last companie to be ane of the
craftismen. . . .
[The act anent promiscuous speaking in Council is renewed.]
Uth May 1645.
Comperit Sir Jo° Smythe provest and producit ane lettir direct to him Licence . . .
and the baillies from Jo" Jo°stoun at Londoun quhairin than- wes inclosit
the copie of the Ucence grauntit be his Majestie and Parhament for trans-
porting of fyve hundreth fodder of leid furth of England to this brugh
custome frie quhilk copie is collationat be sa many and under their handis
at Londoun the tlu-id day of Juiui i™ vi^ foirrtie fyve yeiris [sic] And thanfoii-
ordaines the same to be put up in the chartour hows to be furth cumand
to the thesauraris of Heriotts warke Colledge and kirkis of this brugh
inrespect the same concerires them all.^
21st May 1645.
The counsell ordaines Patrik Thomsone tliesaurer appoynted be the [Pestilence.]
counsell to the coUectioun maid for the personis infected and inclosed to
caus mak clothis or slipperis for the conimoun clengeris . . . and siklyk
to mak ane badge of cognisance for David Mowat.
Ordaines Johne Ronnald tliesaurer to the ku'k at the Castellhill to [cimrni at
. Castleliill.J
borrow the soume of fowr thowsand merkis for pertytmg that churche
. . . and the counsell to beir the risk of the timber sent for.^
[The bounds of the sixteen town companies with their captains are given
in fuU.]
2-3rd May 1645.
The counsell ordaines the bailUes to conduce and agrie with twa clengeris [Pestilence.]
to attend the baillies for clenging in this tyme of the contagioun.
26th May 1645.
[Election of lieutenants, ensigns and sergeants for the sixteen companies.]
Mh June 1645.
Ordaines James EUlies to aUow to the people of their billotting conforme [Biiietting]
to the accompt subscrivit be Sir Ar^i Cample Jo" Binnie and James Stewart
and the twa baiUies of Leith. . . .
^ See p. 22 supra.
* Marginal note : The counsell ordaines this act to be deleitt in respect of ane act of counsell
maid theranent 12 March 1647.
e2
70
EXTRACTS FROM THE RECORDS
Qlh June 1645.
[Pestilence] Forsameikle as the counsell haveing agried with doctor Joannes PauUtius
in attending and visiteing of the seik and dead of the contagioun within
this biugli and as he sail be desyred be the baillies for the soume of four
scoir pundis monethlie and now the baillies hes agried with him for the
soume of ane huncketh pund per month compting fra the first of Junii
instant. . . .
[Gravcmakers.] Electis James Imrie and George Wright to be grave makeris of the
graves in the Grayfreu'is dureing the counsellis will. . . .
[Tlie Council, having borrowed from the treasurer of Heriot's Hospital the
sum of 21,910 merks in 1036 and the sum of 12,000 merkis in 1638, have repaid
the same with 1,356 merks annualrent thereof. They order that 18,000 merks
be borrowed from William Rutherfuird, writer m Eduiburgh, and 1300 merks
from Patrick Quhytlaw, merchant burgess of Edinburgh and bonds to be given
for the same.
A new bond is to be given to the masters of S' Paul's Work for the sum of
3,500 merks, borrowed m 1638, with annualrent of 500 merks.]
llth June 1645.
[Commissioners to the Convention of Burghs, George Suittie and Robert
Mackean : assessors and proxies, John Bynnie and Gilbert SommerveU.]
[Pestilence.]
[Prisoners in
Tolbootli.l
\Uh June 1645.
[Patrick Baxter, merchand, baron and water bailie of Leith durmg the
enforced absence of James Rucheid.]
Forsameikle as the counseU haveing agried with doctor George Rae
physitian for visiteing the diseased or suspected of the plague Theirfoir
they have agried to pay to him dureing his service in the said place the
soume of ane hundreth pund scottis be the month beginning at the day
and dait heirof .
20<A June 1645.
Forsameikle as my lord Provost and baillies haveing directed Thomas
Calderwood merchand to the Lordis of the Committee anent the new plott
devysed be the prisoneris in the Tolbuith for their escape who this day
compeirand reported ane generall commissioun to my lord Provest and
baiUies for trying the saidis prisoners and whom they sould think
expedient daited the nynten day of Junii instant.^
27<A June 1645.
[Gravemaiier.] Electis Jo" Craig to be ane grave maker in the Grayfreirs.
' See Appendix ii. for tlie act of the Committee of Estates, wliich names the ringleaders.
OF THE BURGH OF EDINBURGH 71
^th July 1645.
[Commissioners to the Parliament to be held at Stirling, Sir Jo° Smj^th of
Grottall, knight, Provost, and Robert Mackean, skinner.]
Uth July 1645.
The counsell finding the abuse of the inputting of the seik foLkis of [Pestilence. i
the contagioun within the Sheynes wallis to be neglectit and oversein be
the keiper of the Sheynis Thairfoir ordaines that nane who dwellis without
the Toun and hes gone furth of this brugh to remane that sail happen
to fall seik of the contagioun at any tyme heireftir be resaved nor jDut
within the said Sheynis and that under the paine of punishment of thes
wha contraveins the same at the discretioun of the niagistratts.
\Uh July 1645.
Ordaines the baillie Andi'o Sympsoun to caus the clengeris tir the haill [Pestilence.]
thack housis within his boundis quherin thair hes bein any infectioun
and to begin at . . . the west port and to caus burne the thack and strae
and accordinglie to be done throw all the quarteris of the Toun and remitts
the satisfactioun of the clengeris to the baillies.
Quhaii-as the counsell finding the tymes quhairin they ar fallin at the [inhabitants to
pleasor of God allmightie to be extreamlie dangerous and this brugh exjDosed Town!] '"
to many inconvenientes and the commoun enemie exceiding insolent and
the commoun danger and perrill of this brugh to be verie great (if not
prevented) so that not onlie the wholl burgessis of this brugh bot all
inhabitants within the same may be thairby concerned in a verie high way
so that their presence within this Toun is verie necessar and that thair
ar sindrie nighbouiis under pretext of owtputting of theii- wyfis and
bairnes furth of this brugh goes with their wyfis and bairnes themselffis
and remaines and abydis there furth of this brugh Thairfoir ordaines
proclamatioun . . . commanding that all burgessis and inhabitants within
tills brugh sal remaine and abyd witliin this brugh and not depairt fiu-th
tliairof without licence of the magistratts under the paine of i™i' lose of
thair libertie and forfaulter of what they have within the same to the
maintenance of the haill poor intertaining of watches and guairdis both
night and day and uther necessar occasiouns and such as for the jj^-esent
ar without the toun that they repair to the same within fourtie eight houris
under the foirsaidis paines.
\Mi July 1645.
[Commissioners to the Parliament prorogued to Perth, the Provost and
Robert Mackean.]
72
EXTRACTS FROM THE RECORDS
25th July 1645.
[Pestuence.) Ordaines the lodgis buildit upon the north side of the Borrow loche to
be taken doun and brunt eftk the persones that ar thairin be maid frie
and that na housis be built there in that pau't thairof in na tynie comeing.
6^^. Azigust 1645.
[PestUence.] Compeu'd Walter King sent be the lady Gallowsheills at requeist of the
counsell to be ane clenger quhoni the counsell chooses to be ane clenger
and promeisis to give him such pay and satisfactioun as any other clengeris
imployed be the counsell.
For liberatioun
of some
prisoners. . .
Uth August 1645.
Forsameikle as the persones underwrittin ar incarcerat within the
Tolbuith of this brugh at the instance of the persones following viz. Issobell
Vertew at the instance of Jo° Kennedy Jean Stewart at the instance of
James Ker Margaret Stewart at the instance of Jo" Murrey harbour Robert
Witherspoone at the instance of umquhile Captane Fisheris relict Lykas
certane of the counsell haveing acquainted the saidis persones at whois
instance the saids prisoneris ar incarcerat ather for their maintenance or
consenting to their hberatioun certane of the saidis creditoris have consented
to their liberatioun and utheris refuised the same And the counsell considering
that this long tyme the saidis persones have bein incarcerat not persewit
nor declaratour past agains them and withall considering that the infectioun
is daylie increasmg that the prisone hows lyes under danger thairfoir the
counsell ordaines the foirsaidis haiU persones incarcerat to be liberat furth
of the said Tolbuith.
The counsell considering the great danger that the Toun is casten into
in thir tymes of the oontagioun and that the Clerkis chalmer is in great
hazard both their registers and utlier writts belonging to the good Toun
and uther liis Majesties leidgis Thairfoir the counsell ordaines the principle
key of the said chalmer to be given and delyverit to my lord Provest and
the chalmer door to be closed.
[James Aliesoun, merchant, is elected baiUe till Michaelmas in place of the
late George Walker.
Thomas Leishman, merchant, is elected treasurer to the poor's collection in
place of the late Patrick Thomsone.]
For furnishing Nomiuats and appoyntis Robert Fleyming James EilHes Gilbert
viveris. ' SommerveD and James Bynnie to meitt and conveyn amang themselffis
and to advys and give in their best opinioun and advyce for furnishing the
Act closeing of
the clerks
clialmer.
OF THE BURGH OF EDINBURGH 73
Toun of all sort of viveris both meatt and clrink and to lay doun wayls
for prosecuting the samen with assistance of the magistratts.
Forsameikle as the counsell finding that at this tyme of the present !^°°^'''°''
contagioun the greatest pairt of the inhabitantis of this brugh hes bein
forced to desert the samen and to lieve then' wholl housis quhairby the
good Toun is exposed to all kynd of invasioun ' and no persones left to defend
the samen or secure the housses tlianof Quhairfoir they have thoght good
and expedient that thair be the number of ane hunch-eth men levied and
liyred to be ane ordinar watche day and night with some uther persones
for clenging of the Toun and for perfyting of some extrairdinarie chairges
to be imployed upon the Toim and clenging of the houses and streits thanof
to be payit be the inhabitantis of the samen and that there be the soume
of eighten hundreth pundis money borrowit . . . for payment of the saidis
souldiers wlio supplies the daylie and night lie watches of tiie saidis
inhabitants till the samen be collected.
2'ith September 1645.
Forsameikle as there being read in audience of the wholl counsell ane Allowance of
draught of ane act maid the twentie sevent of August last - anent the liiHration of
James
liberattmg of the prisoneris They all agried thairto and ordained the same orahames
jirisoDcris,
to be booked of the daitt foirsaid and ane extract to be given to the baiUies
As also remembring that tliey iiad directed the same day James EilUes
Gilbert Sommervell and Jo° Denholme to pas to the Earle of Montrois
witli the prisoneris Thairfoir they allow thairof and ordaines ane extract
of tiiis approbatioun to be given to them.
30th September 1645.
The same day the Provest baillies and counsell haveing heard read in [Liberation of
their audience the twa severall actis maid upon the twentie and twentie prisoners.]
sex dayis of August last ^ anent the liberating of the prisoneris in the over
' It is possible that the Council had information of the movements of the Covenanting
armies to intercept Montrose in his dash on the Lowlands. The ensuing gap of some weeks
is explained by the Marquis's victory at Kilsyth on 15th August, after which the Lowlands
lay at his mercy. Tlie Master of Napier and Nathaniel Gordon had demanded and obtained
the liberation of the prisoners in the Tolbooth (see infra and note). But support was not
forthcoming to Montrose from the Lowlands and on 13th September he was defeated by
David Leslie at Philiphaugh and his army anniliilated.
^ The acts to which allusion is made are not recorded in the Minute Book in their proper
place. The significance of these acts and their omission rests on the fact that they followed
upon Montrose's defeat of the Covenanters' army at Kilsyth on 15th August. The reason
for omitting them at the time is obvious enough, if indeed they were drawn up precisely in the
form here inserted. For, had the Marcjuis maintained the position gained by the battle of
Kilsyth, the necessity for the facts in their existing form would not have emerged.
74 EXTRACTS FROM THE RECORDS
and nether jailes and haveing withall considerit the necessitie quherunto
the magistrats for the tyme wer reducit yeilding thairto Thairfoir they of
new have ratified and approven the said deid in not exposing the few
persones witliin the Toun nor the Tonn itselff to the mercie and will of so
powerful] and merciles ane enemie and tookes it for good service done to
the Toun be them in not onlie preserving of their j^ersones hot also of the
Toun and suburbs thairof with the castle and magasen thairin and withm
the Toun and Toun of Leyth For within the said Toun and toun of Leyth
wer conteind ane great pairt of the moveable guidis of the most pairt of
the nighbouris within this brugh and wer by the saidis magistratts and
nighbouris treattie with the said commoun enemie better preserved and to
ane better use nor exposed to the will and discretioun of the said enemie
Quhich delay gave tyme and occasioun to our freinds for brmging in of
David Leshe and all his troAvps by whom we obteind that glorious victorie
over our enemies ^ by which meanes we now enjoy ane good and prosperous
peace nevir to be forgotten And thaii-foir the said Counsell of new ratifies
and approves the said treattie with the delyverie of the haill prisoneris
and ordaines the saidis actis to be registrat and insert of new quhairof the
tenour followes Vigesimo die mensis Augusti Anno Domini miUesimo sex-
centesimo quadragesimo quinto The quhilk day the Provest bailUes and
counsell ordinar and extraordinar swa many as wes within the Toun for
the tyme being convejmd with als many of the nighbouris as could be
fund within the Toun and haveing resaved ane letter from the Earle of
Montrose his Majesties heutennent general of this Kingdome (so designed
be himseUf ) quhairof the tenour followis Loveing freindis Notwithstanding
of your former miscariage and continuance in this present rebellioun quhilk
might move us to use all the rigour and severitie you have just he deserved
Thes ar to wiU and requyre yow in his Majesties name and auctoritie and
as yow will testifie your loyaltie to his Majestie and tender your owen
saftie that yow will immediatlie efter sight heh'of inlairge and putt to
libertie all such of our people as ar prisoneris with yow and in particular
ar the Earle of Crawfuird and Lord Ogilvie witii all utheris within your
Tolbuith and direct them to the armie Quhich if yow doe yow sail be
assured not onlie to have your bygane enormities past and forgott bot to
have all the favour and protectioun from us you can ather expect or deserve
heireftir Bot if yow refuis or neglect yow saU obliedge us to use all the
just recentment agains yow and your Toun by fyre and sword that can be
used agains rebells and principall fomenters of so treasonable and unnaturall
rebellion Thus expecting your reddie performance and reall obedience
heirunto We rest your loveing freind sic subscribitur Montrose From our
• The battle of Philiphaugh, fought on 13th September.
OF THE BURGH OF EDINBURGH 75
camp at Bothwell 19 August 1645 Quliilk letter being read and intiniat
unto them and they considering withall their present weaknes and inabihtie
and not being wilhng to expose the Toun to the threatning offered thau-foir
they all agried in ane voice that the said Lodovik Lyndsey and James
Ogilvie sould be at this tyme sent unto him and liberat fm'th of the Tolbuith
quhair they wer incarcerat. Vicjesimo sexto die mensis Atigusti Aiuio
Domini i'" vi" quadragesimo quinto The quhillv day Sir Jo" Smyth ^ Provest
of the Brugh of Edinburgh Andi'o Sympsone Robert Achiesone James
Alisone baillies thau'of [certain of the council and deacons, twenty-six neigh-
bours] with divers utheris within the Toun for the tyme haveing resaved
letteres direct to them from the late Earle of Montrose his Majesties
lieutennent general! (so designed be himselff ) for hberattmg the rest of the
prisoners furth of tlieir waird from Captane Robert Nisbet sone to the
lau'd of West Nisbet under paine to be followit with fyre and sword and
as is conteynit in the other letter delyvered of befoir be young Powrie
Ogilvie young Tulhalan Yet nevirtheles they considering that thair wes a
meitting of the Committee of Estaitts with the haill power and forces of
the thrie adjacent shyres at Carberrihill the magistratts did then deall
most earnesthe ^\^th the said gentilman not to pves ane present answer
till the nixt day at twa eftirnoone quhau'unto eftir lang uitreattie and
by great importunitie they condiscendit and in the meintyme they sent
alongs the letter to the Committee at Carberriehill with Robert Foullis
ane of their citizens lykas also befou' him they sent fowr utheris of their
number with thrie ministeris to consult and deall with the Committee and
forces at Carberriehill anent the defence of the Toun and tuiching the
matter of the prisoneris who retm'ned without any order or advyce thair-
anent in word or writt bot be the contrau' notwithstanding of their severall
messages sent by then" commissioneris and ministeris still craveing aid
and mutuall defence nothing wes returnetl bot plainlie told that they wer
left altogidder to doe for themselffis Withall considering how the laird of
Cohngtoun with otheris of the shyre of Midlowthian promeisd to have
fom- huncU'eth men sent in for defence of the Toun sex dayis agoe quliilk
wes not done as also it wes affirmed and declaird be Cohngtoun that thair
sould be in fyften hundreth hors out of tlie shyre of Midlowtliian besides
the forces of eist and west Lowthians to he constantlie betwix Corstorphing
and Redhall for the better preservatioun of the Toun and contrey quliilk
lykwayis wes nawayis performit Considering lykwayis the weaknes of the
Cittie how that by the providence of the almightie God tlirow the un-
' For his action in this emergency. Sir John Smith was compelled to do penance on his
knees in the East Kirk on Sunday 24th September 1646 (Procei:dings, Comminsion of General
Assembly, i. 71, 72, 74).
76 EXTRACTS FROM THE RECORDS
exampled rage of the plague of pestilence there are scarce left thriescoir
fensible persones to defend the Toun for maintenance quhairof scarce twa
thowsand persounes would goodlie suffice and that a great paii't of the
evidentis writts and registers of the Kingdome wes for the present therin
togidder with ane great magasen of ammunitioun and camioun for the
defence of the kuigdome witMn the boundis of Edinbiirgh and Leyth and
that a gi'eat paixt of the substance and ritches of the citizens and mhabitantis
wer under imminent hazard both within the said Toun and mthin the toun
of Leyth and could by no meanes be transported be reasone of the great
infectioun withui the Cittie Considermg also the weaknes and conditioun
of their Castle quhair the plague of pestilence wes rageing and nothmg bot
great peniittie and scarcitie of victualls both in Toun and Castle httle or
no furnitiu"e at all comeing from the countrey the few souldieris also within
the Toun being able to sterve for fault of viveris and the prisoneris within
the jayles crying out most desperathe and bitterlie in the hearing of the
magistratts that inrespect they wer liklie to sterve by famine and pestilence
and wer not suppUed be the inhabitantis would undertake all wayis they
could for their releife and vowed to kill the jaylor and their keiperis rather
then suffer extremitie ^ Calhng also to mynd that the laird of Waughtoun
did refuis to resave some of the speciall prisoneris to the Bas quhilk he
wes ordained to doe be ane act of Parhament Remembering lykwajds that
ane great number of prisoneris both in heigh and laiche Tolbuithis wer
ordained to be interchanged be the Committee at Perth for sex or aught
captanes and ensignes as also there wes promeist unto them some half
a cro\\me some twentie sliillingis some eightenpence ^jer diem for their
intertainment quhairof nevir one of them resaved ane penny quhilk wes
the chief cans of theii- clamour and desperat resolutioun they had As also
calling to mynd with great sorrow and greif the disastour our armie had
gotten at Kilsyth and the prevaileing jDower of the enemie in all places of
the countrey whither he sent owt his pairties whos jjower the magistratts
and Toun of Edinbm'gh with their suburbs of Canogait West Port Potterraw
and Pleasance wer on nawayis able to resist Thairfoir they resolved all
in ane voice for eschewing of far greatter inconveniences and prevening of
utter destructioun and mine of the Cittie and for the saftie of the Castle
evidentis registeris and magasine of the kingdome all supphe being denyed
and wanting to delyver the prisoneris.
[The dean of gild renders an account of his intromissions with the 23,000
marks left by James Dalgleishe.
Water baUie of Leith, William Trotter : Baron baihes, Wihiam Trotter and
James Bams.]
' See p. 70 supra and note.
OF THE BURGH OF EDINBURGH 77
Ml October 1645.
[Baron bailie of Broiighton and bailie quoad criminalia of the Canongate,
John Bynnie.
BaOies of the Canongate, William Forrester and Alexander Peiries.]
Compeird James Guthrie skinner and declaired he had resaved fra [ciiurcii piate.i
David Kinloch beddeU of the Eist Kirk thrie silver basens thrie silver
lavers seventen basens Item the said David declaii'd that Thomas Patersone
hes in his handis four silver cupps and twa silver basins.
Electis John Dickesoun in the Potterraw to be oversier of the clenging [Cleaning of
of the particular houses within this brugh and for oversieing the taking
away of the fuiljde and muck of the brugh with power to him to punishe
the disobeyeris of his ordouris.
lOth October 1645.
Quhairas the Estaitts of ParKament laitlie conveind at the brugh of (Bate or
cxclmnKP.l
Pertli in the moneth of August last did statute and ordaine that the rex
doller sould pas at fyftie eight sliilling the crosse doller at 55^ the ryell of
eight at 56^ kerdeques of weight at 20^ the rose nobill at eleven pund the
Hungars dowkit at fyve pund the double pistoll at njoie pund quhich lies
not taken such effect within this brugh as is requisite Tliairfoir ordaines
proclamatioun to be maid throw this brugh with sound of drum to command
and charge in our Soverane LorcUs name and in name and behalf of my
lord Provest baillies and counsell of this brugh that the said speces of
silver and gold sail pas at the rates and pryces abonewi'itten under the
paines conteind in the act of Parliament maid thairanent.
27t7i October 1645.
Ordaines the wlioll counselleris and magistratts who ar absent to repair [Residence in
the Town 1
and reside witliin this brugh with all diligence with certificatioun of ane
rigid GOUTS to be taken agains them. . . .
5th November 1645.
[The Council borrow 5,000 merks from M' John Chartres, minister at Currie.
The sum of 3,000 merks of the above is given to John Hilstane, treasurer to
the poor for distributing to the common necessities of the Town.]
14:th November 1645.
[Masters of Trinity Hospital, WUliam Mure and Alexander Cleghorne, wright].
Compeird Laurence Hendersone ane of the baillies and produced ane [Account of
compt of the monejds borrowit be him from M"" Jo° Chartres quhairof the m°a"ey.T
tenour folio wis Imprimis debursit to the prisoner is of the Tolbuith at
78
EXTRACTS FROM THE RECORDS
command of the Lord Provest twentie crosse dolleris fyftie fyye pund
Item at my lord Provests order to Doctor Rae fom'tie crosse dolleris at
55^ the peice ane hundreth and ten pund Item conforme to the heutennent
Colonellis compt for fowr weilvis wages for the sogers and for coall and candle
four hunder four scoir fyve pund twelff shilUng And conforme to ane compt
given to Jo" HiUstoun ane weik fourtie four pund second weili threttie
nyne pund tlirid weik threttie fyve pund fourth weik fourtie pund Item
to Johne Diksone at my lord Provests order I gave him upon accompt
thrie hundreth threttie thrie pundis sex shillingis eight pennyes Item at
ordour of my lord Provest to Thomas Leishman to distribute to the publict
necessities of this brugh four hunder pund Item at ordour of my lord
Provest to Jo" Hillstoun quha is now in Thomas Leishmans place twa
thowsand pund Summa of all is thrie thowsand thrie hundreth four scou-
thrie pund eighten shillingis sex pennyes The compter charges himselff with
the soume of thrie thowsand thrie hundreth threttie thrie pund sex shillingis
eight pennyes resaved from M'" Jo" Chartres and discharges himseUf with
the soume of thrie thowsand thrie hunder fourscoir thrie pund eighten
shilling sex pennyes Swa the dischairge exceidis the charge in the soume
of fyftie pund seven shilUng tiie quhilk fyftie pimd seven shilhng he resaved
fra Jo" Hillstoun Swa this charge and discharge ar equall.
[College at
Linlithgow.]
[Money
collected for
armour.]
IQth November 1645.
Forsameikle as the counsell finding it most necessar that the schoUeris
of the Colledge be not frustrat in the progres of their coiu-s within the
said Colledge and that thair is no appearance that the people can be
moved to send their children to this Toun Thaii-foir they have agried with
advyce of the Principle and Regentis present that thair be sufficient rowmes
provydit for them in the toun of Linlithgow and ordaines James Barns
thesam'er to the Colledge to deburse the expensis upon the saidis rowmes. . . .
Compeird Jo" Pearsone baillie and granted him to have in his handis
collected be him as thesaurer to the dean of gild his counsell the soume of
sex hundreth four scoir twa pund money fra the nighboiiris for buying
of airmour quhich soume they ordaine him to delyver to Jo" Hillstoun
thesaurer for serving the poor. . . .
2lst November 1645.
[Sir John Smith and Robert Mackean are chosen commissioners to the
Parliament to be held at S' Andrews. ^
James Crawfuird in Leith is admitted burgess and gildbrother gratis.]
' An act of this Parliament is noted by the Convention of Burghs in 1649 (Rec. Conv.
R.B. iii. p. 333). It was by this Parliament that several of Montrose's followers were con-
demned, among them Nathaniel Gordon and Sir Robert Spottiswoode, who were executed
OF THK BURGH OF EDINBURGH 79
10th December 1645.
The counsell graunts to James Stewart ane of the bailhes the dask m [cimrch scat.)
the eist kirk possessd be umqiihile D'' Arnott . . . for payment of such
dewtie as the counsell may appoynt.
\2th December 1645.
Ordaines James Stewart present bailhe to pas to S' Androis to my tfoimcu
lord Provest of this brugh and to delyver to his Lo. the counsell minut book
to be used be his Lo. as his Lo. sail think good ... as also to show my
lord Provest by a letter quhat is past heiranent and to desyre his Lo. to
be cairfull for the redelyverie of this book.^
31s< December 1645.
[The minute book is returned.]
ComjDeird Jo" Scott watch master and producit some aid silver wark [Legacy to
quhilk perteind to umquliile Michaell Fraser left be him to the Toun quhilk
the counsell causit Jo" Milne goklsmyth weigh in their presence being
threttie fowr unces and ane quarter of ane ounce and lykwayis twa gold
ringis withowt stanes quhilk weighed ten drop twelff graines the quhilk
the counsell dehvered to Jo" Hillstoun to be sold for the Touns use and
out of the first end thairof to pay to Jo" Scott fyften pund twelff shilhngis
quhilk wes resting to him be Michael Fraser for the pryce of ane hors.
14</j Jamuiry 1646.
Quhairas the counsell havemg resaved letteres from my lord Provest (Letters from
out of S* Androis quhiUi being read the counsell approvit the same and "^ "^°* '
ordaines to wryt ane answer to his Lo. and to send ane of their owen number
with the same. . . .
28fh January 1646.
The baillies dean of gild thesaurer counsell and deakens of craftis being [Bauie courts]
conveynit in counsell ordaines the baillies to begin with all chligence to
hold Courtis and administrat justice according to use and custome and
to open the clerk chalmer door that it may be patent to all the hedges. . . .
on 20th January 1646. The names of these two Edinburgh commissioners do not appear
in the list of the burghs (^.P..S. vi. p. 47.5). This was apparently because they were to be tried
for suspected comphance with the enemy. The commissioners for Linlithgow, which town
also had released royahst prisoners, similarly were to be tried.
' See p. 78, 21st November, and note, also Introduction, pp. 9, 10.
80 EXTRACTS FROM THE RECORDS
ZOth January 1646.
Proriamatioun Forsameikle as be keipiiis up of goodis the tvme of this pestilence and
agains unclean t ■ n ■ ■ r t i i t • r • m^ • r •
goodis. hoording thau'oi it is leared that danger may ensew thaireitu- ihairroir
ordaines proclamatioun . . . that all persounes quhatsumevu- who hes any
such like goods that they caus cleing the samen instanthe with certifica-
sioun that quhatsoevLr sail ensue or come to light thau'by the imputatioun
thairof sail be laid to then- charge and sail be punished with death or
utherwayis according to justice.
Uh February 1646.
[Proclamation Forsamcikle as the good Toun hath bein and is greathe abused by
houses.] suffering strangeris vagaboundis unfrie persones beggeris poor and indigent
bodies to plant and have theii- habitatioun and dwelling within this brugh
by the wliich meanes of the saidis unfrie persones and such as they resett
the Toun is defy led with all kynd of vyce, the Ubertie of friemen usurped
by the saidis unfrie persones, the Toun overburdened with sustening of
that kynd of peo^ile their wyffes children and such as they resett in tyme
of pestilence or famine and the monethhe contributioun appoynted for
their owen poor imployed and consumed upon them For remeid quhaii'of
it is thoght expecUent statute and ordained that no persone sett than-
housis or landis in tyme comeing to any unfrie persones that ar not landit
gentlemen or memberis of the Colledge of Justice withowt a speciall ticket
of a bailUe in the quarter in wTitt under the pauie of ane unlaw of twentie
pund to be taken of the setteris and owneris of the landis for ilk persone to
quhom their land or hows ar sett with the escheitt of ane yeu'is maill to
the Touns use And farder to sustein their tennentis in tyme of neid and to
make the Toun frie thairof And quhair any landis or housses ar set to such
jjersones that the owneris or setteris remove and put the saidis persones
thau'fra instanthe and wanne them tymousUe for that effect under the
liaine foirsaid And is found and declaired that the bailUes sail give no
ticket to the saidis unfrie persones bot upoun cautioun to be found and
acted in the Touns bookis that they sail observe and keip the heids following
to witt That they sail resave na vagabounchs nor maisterles persones within
thair houses under the paine of twentie pundis swa oft as they failyie Item
that they sail use no unlawfuU vocatioun nor usm'pe the hbertie of ane
frieman under the said paine Item that nather they their servandis wyfes
nor cluldren sail be burdenable to the good Toun under the paine of ane
unlaw of ane hundreth merkis Item that they sail be nawayis disobedient
to the kirk or magistratts or officeris of the said brugh under the said paine
and their paines to be payit be the saidis cautioneris And farder it is statut
OF THE BURGH OF EDINBURGH 81
and ordained that all owtland poor beggaris and other poor that hath
not remained and dwelt within this brugh thir seven yeiris bygane confornie
to the act of Parliament remove and chspatche themselffis furth of this
brugh boundis and liberties thairof swa that they be not fund nor sein
within the sanien at any tyme heireftir under the paine of putting them
in the theifis lioll 48 liouris for the fii'st fait and scourging swa oft as they
sail be fund heireftu".
nth February 1646.
[Election of new deacon of the wrights.]
Ordames to wiyt for thes of the counsell who ar absent to be present [Summons to
upon Fryday nixt to advys quhat may occur or be presented in the Touns
affaires. . . .
I8th Februanj 1646.
[Presentation of M' George Leshe to be minister at Holyroodhouse. The fact
that he was assistant to M' Matthew Weymes is to form no precedent to any
future assistant there to claim a similar presentation.]
Ordaines the Grammer Schooll to be conveind at this brugh the tenth [High school.]
of Marche nixt and ordaines the master and undermasteris to be acquaint
thairwith as also the presbytrie of Edinburgh with the presbytrie of
Dalkeith.i
20th February 1646.
Forsameikle as upon the eight of October last James Guthrie compeii'and [church Plate]
resaved from David Kinloch thrie silver basins thrie silver laweris seven tin
basins as lykwaj'^is Thomas Patersone compeu'and confessd the resaitt
of fowr silver cupps and twa silver basins TliairfoLr the counsel! ordaines
the said James to delyver to David Kinloche the saidis cupps quhich wer
putt in his handis.^
25«A February 1646.
[A complaint made by the brewers of Leith agamst unfreemen is given to
a committee to consider and report.
M'' [ ] Hog, muiister at Lmtoun, is appointed assistant to M'' George
Leshe, muoister at Holyroodhouse.]
Considering the great prejudice the good Toim sustems by the multitude [Price of
of friemen admitted on small or no pryce ordaines that from hence furth
there be a totall restraint of admitting any burgessis except such as have
just right thairto till a committee of the Counsell sail make ane report of
quhat pryce they find expedient to be set doun as competent for the friedome
and the counsell sail condiscend thairupoun and appoynts the baillies
1 See p. 67 supra. ^ See p. 77 supra.
g^
EXTRACTS FROM THE RECORDS
[Guard for
Town.]
dean of gild thesaurer [and thirteen persons to meet and report thereupon to
the council].
ith March 1646.
Finding it most necessar that ane cours may be taken for the better
guairding and strenthning of the Toun quliich they have fund unanimelie
to be most necessar Thairfoir they appoynt the Provest baillies dean of
gild thesaurer [ten other persons and Colonel James Rae] to meitt and
convein and to desyre the concurrance and help of the generall of artikie
Jo° MUiie and Jo° Scott and to confer anent the strenthening of the Toun
and to lay doun wayis for procureing money for effectuatting thaii-of and
to report And becaus it may fall owtt that the inhabitants may leive the
Toun and not repair thairto in silv a tyme of stress and necessitie thairfou-
they have statute and ordained that all the inhabitants and burgessis
thairof sail repair thairto betwix and the twentie day of Marche instant
and remaine and abyd in the Toun with their families and not goe furth
thairof withowt speciaU Hcence from the magistratts and oounsell thairof
under the paine of thrie hundreth merkis to be payit by ilk pairtie failyiour
and ordaines that for the moir speidie payment that their houses may be
poyiidit and the reddiest of their moveables intrometted with and sauld
and ordaines the saidis penalties to be imployed toward the strenthening
and fortificatioun of the good Toun. . . .
5th March 1646.
[Coimcil for 1645-6 : Provost, Sir John Smyth ; Bailies, James Rucheid, John
Pearsouu, Laurence Hendersone, James Stewart ; Dea?i of gild, George Suittie ;
Treasurer, John Jossie ; Council, Sir Wilham Gray, Andrew Sympsoun, Robert
Achiesoun, John Ingles, James Aliesoun, Robert Fleymiiig, John Fairholme,
David Wilkie, Robert FoulUs, John Ronnald, James Monteith, [pewtcrer], John
Thomsone, [taOor] ; Ordinarij Deacons, Robert McKean, skmner, Adam Lamb,
goldsmith, Alexander Pennycuik, surgeon, Gilbert Sommervell, tailor, Thomas
Ingles, hammerman, James Broun, shoemaker ; Extraordinary Deacons, Thomas
Ainslie, mason, James Twedie, wright, Patrick Stenhops, baker, [Adam SteiU] ^
flesher, Thomas Sommervell, furrier, WUham Sklaitter, weaver, John Crystie,
waulker, Frances Red, bonnetmaker.]
[Sir William
Dick's debts.]
%th March 1646.
[Election of kirk council and collector of kirk rents.]
Appoyntis to speak with Sir Wilham Dick anent the soumes of money
awand be him to the CoUedge to the hospitall at Leyth Wynd fute to
Heriots hospitall anent his band of ten thowsand merkis of the Bishoprik
* Elected in place of umquhile William Blythman on 14th November 1645.
OF THE BURGH OF EDINBURGH 83
of Orkney the dewtie of the societie his bygane stents and any uther debtis
awand be him to the good Toun the persones followmg viz. Sir Jo° Smyth
Provest George Siiittie dean of gUd Jo° Fairholme old thesaurer Johne
Bynnie Gilbert Sommervell.
Finding that Sir Jo° Hay then M'' Jo° Hay wes upon the fyften day [Appointment
*^ ^ "^ "^ uf new Town
of May i^ vi^ and eighten yeiris admitted and resaved conjunct clerk of cierk.]
this brugh with M^ Alex'' Guthrie present clerk of this brugh and the
commoun clerkshipp of this brugh wes cUsponed to them be our predicessouris
conjuncthe and severallie the langest Hver of them twa and their deputtis
to be appoynted be them with consent of the Provest baillies and counsell
of this brugh and that dureing the good jjleasure of the Provest baillies and
Toun counsell of this brugh and their successom-is and that upon the
conditiouns and provisiouns tharrin conteind as the gift graunted unto them
of the daitt the twentie fourt day of Junii i™ vi*^ and aughten yeu-is at
mair lenth beiris And now they finding that the said Sir Jo" haveing bein
of long tyme heu'tofore preferrd to ane place of higher degrie within this
krngdome lies alltogidder deserted the same of ane long tyme ^ and that
the said M'' Alex'' finding the charge to be too burdenable to him alone and
hes supplicat lis for ane helper in thir his more infirm yeiris and lies desyred
that WiUiam Thomsone merchand might be conjoyned with him in the
said office of commoun clerkshipp With the quhilk desyre the saidis Provest
baillies counsell and deakens of craftis being ryplie advysed they have for
good and thankfull service done and to be done be him agried thairunto
and tliairfoir the saidis Provest baillies counsell and deakens of craftis be
thir presentis declaires their will anent the said gift graunted to the said
Sir Jo" Hay and ordaines the same to be void in swa far as concernes the
said Sir Jo" Hay and the said M"" Alex'' thaireftir haveing instantlie at the
making of tliu' j^reseiitis dimitted his said office in the liandis of the said
Provest baillies counsell and deakens of craftis to the effect ane new gift
might be granted to him and the said William Thomsone in maner under-
specifiet Theirfoir the said Provest baillies counsell and deakens of craftis
have of new admitted and admitts the said M'' Alex'' Guthrie and William
Thomsone to the said office of Toun clerkshipjD and ordaines ane gift to
be exped to the said M^ Alex'' and WiUiam Thomsone conjuncthe and
severallie and to the langest hver of them twa of the said office with all
casualities and fies belonging to the samen With power to them conjuncthe
and severalie to exerce the said office in aU poyiitis of the samen als frielie
and in all respectis as any commoun clerkis within the brugh exerced the
' Sir John Hay, since his appointment, had been Lord Provost in 1638, had been imprisoned
as an Incendiary in 1641 and liberated, had gone to England, had joined the Marquis of
Montrose, had been at the battle of Philiphaugh, taken prisoner, and narrowly escaped with
his life.
84 EXTRACTS FROM THE RECORDS
samen befoir in most ample forme under theii' siibscriiJtiouns and seall of
caus and under the provisiouns theirin to be conteind And the said Wilham
Thomsone compeirand with the said M' Alex'' they both accepted the said
office in and upon them and gave their aithis de fideli administratione.
nth March 1646.
Agried that the Colledge sail remove from the Toun of Linlithgow and
repair to the good Toun againe the first day of Apryll nixtocum.^
Act anent the Forsameikle as the Provest baillies and counsell of Edinburgh barrouns
brewers of aui of the baronie of Leyth finding that the said toun is erected to them in
Leith. ane frie brugh of barronie and yit notwithstanding thairof divers persounes
comes thither and taks upon them any kynd of trade they pleis as making
of malt venting of wyne selling of aill and beir and useing of all uther
trades without acknowledging them as superiouris thanof as if they wer
exempted from all law and ordoiu- and speciaUie in making of malt venting
of wyne and keiping of ostlaries quhiUv is lyk to draw to ane great confusioun
in the order of government of the said toun and to the hurt and prejudice
of all his Majesties hedgis resorting thither Thairfoir the saidis Provest
baillies and counsell lies statute and ordained that na maner of persones
tak upon hand to make malt vent wyne or tap sell or brew any ben or aill
or keip hostlaries without they be admitted thairto be the saidis Provest
baillies and counsell and obtein their licence to that effect And leist his
Majesties Hegis repaireing to the said toun sould be disappoyntit the same
being ane throwfairing toun Thau-foir they have electit and nominatted
the persones underwrittin to be maltmen and brewars in the said toun upon
the conditiouns and provisiouns eftnspecifiet viz. That they sail mak na
convocatiouns nor keip meittingis without the consent or knowledge and
in presence of their baiUies of Leyth Item that they saU grind aU their malt
to be browen be them in the touns milnes Item that they sail not suffer
any man to mak any malt mthin their barns nor associat nor be pairtner
with any maltman in making of malt wha is not admittit to the hbertie
thairof be the said lord Provest baiUies and counsell of Edinburgh with
consent of the calling They sail brew no malt within the said toun of Leyth
bot that quhillv is maid there and ground at the touns milnes under paine
of confiscatioun and lossing of the failyiers libertie They sail do notliing
hurtfull nor prejucUciaU to the good Toun They sail in aU questiouns and
debeatts among themselffis quhilk be the priviledgis and Hberties of this
brugh aught to be decydit befoir the said Provest and bailhes of this brugh
1 See 67 supra. The proceedings of the Committee of Estates record on 3rd March a
letter sent to Edinburgh desiring to be informed of the state of infection and " whether or
not the Committee may saiflie reside there which they much desire."
OF THE BURGH OF EDINBURGH 85
or their baillies in Leyth submit themselffis to their judgement and decisioun
and in special not convein utheris befoir the sheriff and sail use the toun
clerk of Leyth in wryting of their writts and securities reserving allwayis
to the lordis of Sessioun and his Majesties secret counsell tlieir priviledgis
intire befoir quhom it sail be leasome to persew any one another for quhat-
sumevii' causes conforme to the priviledgis grauntit to them Item they
sail admitt and resave nane to mak malt in Leyth bot he sail be first
recommendit to them be the saidis Provest baillies and counsel! of Edinburgh
for trying of their sufficiencie and qualificatioun and tharreftLr sail obtein
licence thairof from the saidis Provest baiUies and counsell as also from the
calhng Item it is statute and ordained that at the admissioun of any persone
to the said calhng of maldng of malt in the said toun of Leyth he sail pay
for his hbertie to the good Toun the soume of ane hundreth merkis and
to the boxe for use of the poor in the said calling the soume of ane uther
hundreth merkis Item ilk maltmans sone entering to the said calling sail
pay to the good Toun at their entrie the soume of twentie merkis befoir
or at his admissioun and twentie merkis to the box of the poor Item the
said maltmen sail chois yeirhe ane boxniaster in presence and with consent
of the watter baillie quha sail mak faith to the watter baillie that he sail
conceall nothmg quhich sould be put in the said box nor tak nothing owt
thau'of excejjt in presence and with consent of the said watter baillie and
incaice of faUyie they sail be obleidged to delyver ane key to the said watter
bailhe for eschewing the lyk faultis in tyme comeing And finaUie in all
thingis they sail carie themselffis as dewtifuU and obedient vassals to the
good Toun according to the lawis of this kmgdome. [The Council hereafter
admit thirty-four persons to make malt and brew ale and beer m Leith.] It
is also heirby speciallie provydit and declaired that everie persone wha
sail make malt in the said toun sail pay to the poors boxe of the said calling
for ilk chalder of malt fom-tie pennyes according to use and wont and
the pau'tie failyier sail pay the soume of ten merkis toties quoties the ane
half to the superiour and the uther half to the poores boxe. . . .
Admitts Alex^ Skirvine servitour to umquhile Thomas Dodis to be [Town
ordinarie plumber to the Toun ... he working at the rates his umquhile
maister wes wont to worke . . .
12th March 1646.
[A committee is appointed to meet twice weekly anent the excise.]
Uth March 1646.
[The gift of the common clerkship is recorded at length, including the table
of fees, in the minute book.]
r2
S6
EXTRACTS FROM THE RECORDS
25th March 1646.
[ExciFe] Forsameikle as the coimsell haveing graunted unto them the excys of
this brugh for paying such soumes of money awghten to them as is conteind
in the act granted by the Estaitts to the good Toun pendicles and liberties
thairof^ and becaus be bygone exi^erience they find that in uptaking
thairof there occurs many difficulties of swearmg cursmg lieing concealling
and defrauding Thau'fou- and for eschewing the lyk in tyme comeing
and facihtating the way thairof they have thoght good statute and ordained
that the said excys be uplifted of all excysable goodis from the tapsteris
ventneris and all uther retailleris thairof at the ports be the collectouris
appoynted be the CounseU for uplifting the same Thairfoir to command and
charge in oiu- Soverane Lordis name and in name and behalf of the Provest
baillies and counsell of this brugh that all the saidis vintners and retailers
answer and obey the saids collectouris under pame of confiscatioun of the
saidis goodis and punishment of their persones at the will of the magistratts.
[John Hutchiesoun, servant of Alexander Hamilton, general of the artillery,
is admitted burgess and gildbrother gratis.]
27th March 1646.
[The bonds belonging to the late James Dalgleish are dehvered to the old
Treasurer.]
Hous of office Forsameikle as the Provest baiUies and counsell of this brugh haveing
billets to the grauntit unto them the excys of this brugh with the excys of the pendicles
guidis. and pertinentis thairof for payment to them of such soumes of money
awand to them as is conteind in the act of the Committee of Estaitts maid
thairanent and becaus be bygane experience they find that in the uptaking
thairof there occurrs many difficulties as swearing cursing lieing concealling
and defrauding Thairfoir tliey have appoynted ane hous of office for the
said excys under the new Tolbuith quhairunto aU jiairties haveing entres
thairin sail repair and resave ane billett from the helpers thairof quhich
sail be ane warrand to them for permitting then guids to enter at the ports
within this brugh and lies ordained that the said excysable goodis sail mak
payment of then excys at the giveing up of the same to the keiper of the
said office and siklyk lies ordained that no persone within this brugh resave
within their houses any ben- aill or wyne to be topjied run or drunken thairin
till he resave ane billet from the said office of excys under paine of con-
fiscatioun of the samen and further punishment according to the will of the
magistratts. . . .
' See p. 63 supra and note.
OF THE BURGH OF EDINBURGH 87
Graunts unto Jo" Mill musician for ane help to tak up ane musik schooll (Music school.]
the soume of four scoir merkis yeirlie. . . .
Graunts unto Robert Watsone musician for ane helja to tak up ane musik [Music sciiooi.]
schooll the lyk soume of four scon- merkis yeirlie . . . the said Robert
being obleist to attend the mid kirk quhair M"" Andro Ramsay is minister
and for that effect recommends him to the sessioun for ane allowance.
Ordaines Jo° Ingles to accept and exerce the office of kirk thesaurer. iKitk
Treasurer.]
1st April 1646.
[George Wauchope and George Marshell, tailor, are elected masters of
S* Paul's Work. Certain writs, produced by William Twedie and John Gairdyne
are dehvered to them.
George Suittie and Robert Maekean are elected commissioners to the conven-
tion of burghs at Burntisland on 7"" April. Assessors also are appointed.]
Zrd April 1646.
Forsameikle as the Toun being burdened with debtt and the commoun Anent ttie pay-
, ... •!! I merit of uew
rent in thir troublesome tymes not being put to the hiest availl so that teunents and
they ar broght to that strait that their commoun good ar not able to pay
the annuakentis of their debtis and finding that there appertaines to them
the landis pertaining to them balden of the baronie of Restahig for certane
pittie few dewties not worthie of the ingathermg and the inhabitants
burdened with certane dayis taskis or dargs in harvest quhich ar unusefuU
to the good Toun and yet in tyme of outsettmg thairof wes of good
importance The counseU lies thoght good that the samen sail be fewit as
they wer of old and that the new tennents and intrants sail pay for their
entrie for everie hunch-eth pundis the soume of ane hundreth merkis and
swa furth accordinghe for the saidis haill land holden of the barronie of
Restalrig and this notwithstanding the usuaU custome of the haiU superiouris
in this kingdome who lies allowit to them ane fuU yeirs dewtie of their
landis be the lawis and practique of this kingdome quhich the counsell
reserves in their awin handis to be disposed upon and declairs that quhat-
sumevir new tennentis or new intrantis sail conceaU or use any meanis for
conceaUing of the trew vahditie of their maills or trew vaHditie of their
landis quhen the thesaurer appoyntit for visiteing thairof sail find the
samen conceilment then and in that caice the said new intrant or new
tennent sail resave na favour bot be subject for payment of his haill yeirs
rent And ordaines this ordour to be keipit in all tyme comeing And for
entrie of aires it is thoght good that the author his proportionable part
conteind in the reddendo of his charter of sheirars dargs and uther services
sail be had in consideratioun and the said services modified to ane pecuniall
88
EXTRACTS FROM THE RECORDS
soume be the counsell to be contained in the said chartoiu- in place of the
said service And if the saidis airis sail refuis the said modificatioun or
conversioun in that caice the saidis aires or buyeris sail be astrictit for
personal! and reall service conforme to the chartour As also declairs that
all comprysers sail be taken in consideratioun and ane yearis dewtie exactit
of them Quhich if they sail refuis that then the counsell if they sail think
good sail put themselffis in place of the said compryseris conforme to the
lawis of the kingdome And syklyk the counsell hes ordained and ordaines
that at the receptioun of any new tennent or new fewars within the Canogait
or North Syde of Leyth lyand within the baronie of Broghtoun that the
said new intrant sail pay for everie hundreth pund of maill fourtie pundis
of entrie and fourtie shillingis of few dewtie.
[Mr Thomas Speir, son of the late Thomas Speir, merchant, and Mr Andrew
Suittie, nephew of George Suittie, dean of gild, are appointed keepers of the
College library with a salary of 300 merks each. It is provided that when one of
these places is vacant, there shall be onlj^ one keeper with a salary of 400 merks.]
[Sir William
Dick's debts.)
For staying
the scholleris
at Linlithgow.
lOth April 1646.
Forsameikle as the Estaitts of this kingdome haveing borrowed from
Sir William Dick the soume of twa hundreth thowsand merkis quhairupon
they did give him band lykas Sir Jo° Smyth and umquhile Richard Maxwell
commissioneris for this brugh for the tyme at command of the counsell
did subscryve with the rest ane band to the said Sir WUham Dick of 2500
merkis liquidat be the Estaites for the Touns pant thairof and for which
the said Sir Jo" Smyth is since chairgit to make pajouent to the said
Sir WiUiam Dick and thairfoh ordaines of new the lyk soume to be allowed
to the said Sir William Dick of such soumes of money as he is awand to the
hospitall at Leyth Wynd fute conforme to ane act the sevent of Marche
jm yjc threttie njme yeiris.
nth April 1646.
Ordaines the Primar of the Colledge to wrytt a letter for staying the
scholleris fra cuming owt of Linhthgow till it be further seiia quhat event
may be of the houses laitlie infected and ordaines the thesaurer to pay to
the Primar such charges as he sail deburs for sending ane expres for that
bussines.^
[Mr Thomas Nicolsoun is elected assessor in place of Sir Thomas Nicolsone,
lately deceased.]
' See p. 84 supra.
OF THE BURGH OF EDINBURGH 89
227id April 1646.
[The bond by the vintners of Leith is entered in the minute book as follows] :
Forsameikle as us undersubsciyving finding and resenting that the Provest ^^gj^f,",'^''^ °'^
baillies and counsell of Edinburgh lordis superiouris of the toun of Leith
in whais handis the superioritie of the said toun of Leytli is divolved be
his Majestie and his royall progenitouris and to whom the said toun of
Leith is erected m ane brugh of barronie That they owt of their earnest
caire and solicitude for keijiing of good ordour thah'in and avoiding of the
confusioun which liatli bein formerhe used and for keiping of good ordour
amongst the inhabitantis thairof for the better serving of his Majesties
liedgis resorting thairto lies thoght good and expedient that the number
of vintners of wyne within the said toun sail be redacted to a lesser number
and hes discharged all utlieris bot such as they have thoght or sail think
exjDedient and neidfull for venting and rinning of wyne within the said
toun of Leith And since it hes pleased them for to mak choys of and to
appoynt us undersubscrj^ving and to admitt us to the venting and rinning
of wyne within the said toun and during theu' goodwill and pleasour
Thairfoir we and everie ane of us binds and obleisis us that we nor nane of
us sail doe anything hurtfuU or prejudicial! to the weill and liberties and
common weill of the good Toun of Edinburgh and sail content and pay to
the Provest bailhes and counsell of Edinburgh or to their thesaurer or to
any uther persone quhom they sail appoynt for ingathering of the particular
soumes conditioned to be payed yeirhe be ilk ane of us as followeth [Here
follow the names of twenty-seven persons with the money payable by each]
As also we bind and obleis us and everie ane of us that we sail not debaitt
retain or top any wynes in smalls or in greatt bot sik as we sail buy fra
the merchandis friemen of Edinburgh and incaice any of us sail failyie
in any heid or article fonsaid we bind and obleis us ilk ane of us for ourselffis
to content and pay to the thesaiu-er of the said briigh of Edinburgh the
soume of twa hundreth pundis Scottis money toties quoties. [Signed by the
said twenty-seven persons.]
24:th April 1646.
[Thomas Mure is admitted burgess gratis at desire of the Earl of Lanark.
John Lithgow, servant of James Murray is admitted burgess and gUdbrother
for the old ordinary dues.
M' Alex'' Wedderburne, clerk of Dundee is admitted burgess and gUdbrother
for the ordinary dues.
John Dickiesoun in Potterrow for his services in time of plague is admitted
burgess and gildbrother gratis. ^
James Dicksoun, writer, and David Aikinheid, collector of the kirk rents, are
admitted burgesses and gUdbrethren by right of their wives for the ordinary dues.]
' See p. 77 supra. He had been overseer for purifying infected houses.
90
EXTRACTS FROM THE RECORDS
[Town's gaol.] Forsameiklc as the counsell finding it expedient for their owen securitie
honour and credite that the goall be lookit unto and uther causes moveing
them Tliah-foir they have concludit that the keiping of their goall be
sequestrat and put in uther mens handis for a certane spaice and the present
keiper removed during the said tyme ^ and for this effect have nominatted
and appoynted Robert Foulhs and David Wilkie merchandis to be keiperis
of their said goall in maner following viz. the said Robert Foullis sail keip
the said goall till Weddensday nixt at twelff houris and the said David
the nixt eight dayis thaireftir and so per vices weikhe durmg the counseUis
pleasour and in the meantyme ordaines both of them with all dihgence to
tak inspectioun and inventar of the haill keyis buikis and prisoneris And
ordaines the baiUie Jo° Pearsone to concm- with them for that effect Lykas
also the said Andro Whyte being conveind delyvered the great key of the
Tolbuith in the handis of the Provest in name of the CounseU and in regaird
the Counsell wer content to continue his servandis Jo" Whyte and Jo" Mill
in their former trust and places Thairfoir the said Andro wes content for
himselfif and in name of his cautioneris to stand bund and obleist in maner
conteind in the band given be them to the good Toun.
29<A April 1646.
[The accounts of the merk per tun for the year 1643-4 show a charge of
3,797" 6« 8'' and a discharge of 3,797" 6^ S'' in which is allowed the money still
due by various persons, being 3,550" 13^ 4''.]
[Vintners.] Ordaines the baillie James Rucheid and Jo" Binnie vnth. the dean of
gild . . . Robert Mackean and James Broun with M^ Alex"' C4uthrie to
meitt and confer with the vintners of the Canogait and North Leith and to
agrie with them if possible upoun thes termes or the lyk that wes maid
with the vintners on the south syde of Leith.
[Excise.]
[CoUege
Library.]
\st May 1646.
Ordaines the baillies of Leith for the better furtherance and ingathering
of the excys of Leyth to conduce ten souldieris allowing to ilk ane of them
sex shilling Scotts per diem to help and assist the collectom-is thairof for
taking up of the same and their pay to be allowed in the first of any nionejas
so to be coUectit. . . .
Ordaines the thesaurer of the Colledge ... to perfyt the bibUotheek
with all dihgence. . . .
' Andrew Whyte, the jailor, was accused of having expressed his sympathy with the
Marquis of Montrose. He was examined before some of the Committee of Estates on the
following day. See Appendix iv.
OF THE BURGH OF EDINBURGH 91
Appoyntis for the better ingathering of the excys and for gathering of [Excise]
the billettis thairfoir [one person for each of the Netherbow, Cowgate,
Potterrow, Society and West ports for a monthly fee to be paid from the excise]
And inrespect that the souldieris helps the saidis attendaris to
acknowledge them with some drinksilver according to the magistratts
discretioun. . . .
ith May 1646.
Forsameikle as they haveing taken to their serious consideratioun the (Extent.]
great biu-dens lyand on the common good of this brugh be the extraordinar
and great soumes of money expendit and debursit be the magistratts thairof
diu-eing the tyme of the heavie visitatioun of the pestilence upon the
intertainment of poor seik peojjle clenging of the houses and streitts building
of huttis keiping of liorsis and intertaining ane constant guaird of souldiers
for preservatioun of the Toun quhich guaird must yet continue for the
said purpose some certane monethis longer [therefore a tax of 50,000 merks
is to be collected from all inliabitants and heritors of whatever quality. The
proportion to be paid by each is to be settled by eight persons sworn thereto]. ^
6th May 1646.
[The contents of the College Ubrary are checked with the inventory and found
correct.
John Ronnald is appointed overseer of the gaol in place of David Wilkic]
8th May 1646.
Statutis the weight of the twelfiF penny wheatt loaff to be fourten ounce [Bread.]
being the best .sort The twelff penny loafe of the second sort of wheat breid
caUit sour breid to weigh ane pund twa unce and ten drop The twelf penny
loaf caUit masloch being the tlu-id sort to weigh ane pund seven ounce
and fowr di'op and ordaines the baxteris of this brugh to sell their breid
of the weight and fynnes and for the pryce abonewritten.
[James Sommervell, servant of General Leslie, is admitted burgess and gild-
brother gratis.]
Idth May 1646.
[James Bymiie, baker, is to be admitted gildbrother gratis.]
Ibth May 1646.
Ordaines James Eilhes thesaurer to the excys to pay to Jo" Forrester [Regiment.]
the soume of thrie hundreth thriescoir fyften pundis money for buying
of clothis shoes and uther necessars to the recruitt of Colonell Rae his
regiment. . . .
1 This extent was unusual, being raised for civic purposes only.
92
EXTRACTS FROM THE RECORDS
I9th May 1646.
[Freedom of Appoyntis for highting the pryce of the gildrie and burgeship of this
brugh James Rucheid bailhe George Suittie dean of gild Sii* William Gray
old Pro vest [and nine others].
Impositioun of
stent on tlie
toun of Leith
. . . clenging
. . . seik.
20th May 1646.
Compeird James Barns and Wilham Trotter baiUies of Leyth with
M"" Alex' Gibsone minister there and declarit that there wes debursit for
clenging of their toun maintenance of the poor the tyme of the visitatioun
extending to twentie thowsand merkis or thau"by quhich is restand awand
by and attour the soumes of money debursit be them of befoir For repayment
quhairof the Counsell ordaines ane court to be halden in the said toun of
Leyth be the saidis baiUies and some of the counsell to be appoyntit to
that effect with all diligence . . . for laying on the said burden upon the
nighbouris of Leyth with mutuaU consent. . . . ^
Comptis . . ,
use of poor.
[Unfree
trading.]
22nd May 1646.
The comptis of Patrik Thomsone thesaurer appoyntit . . . for suppheing
of the poor Ijang under the present visitatioun since the first of July last
jm Yjc fourtie fyve yeiris his comptis being heard his chairge is fund to
extend to the soume of eleven thowsand thrie hundreth fourtie sex pundis
sex shiUingis and his dischairge to extend to the soume of eleven thowsand
thrie hundreth fj'ftie ane pund nyne shiUingis sex pennyes . . . And siklyk
the comptis of Thomas Leishman thesaurer appoyntit for the said poor in
August i^ vi'^ fourtie fyve yeiris his comptis being heard his chairge is
fund to extend to the soume of fyve thowsand nyne hunch-eth thriescoir
ten pundis twa pennyes and his chschairge to the soume of sex thowsand
ane hundreth fjrften pund fjrften shilling ten pennyes. . . .
Forsameikle as George Shaw and Jo° Aiild merchandis being conveind
at the instance of Cohn Dalgleish customer of the weighous for paking
and peiUing in Haymouth with unfriemen and for prejudging the weighous
of Edinburgh the saidis George Shaw and Jo" Auld hes confest and thairfoir
the counsell hes unlawit them and ilk ane of them in the soume of ane
hundreth pundis togidder with the dewes of such soumes of money as
would have come be their barganes to the said weighous at the sight of the
thesaurer. . . .
'The South Leith Records (pp. 54-66), edited by David Robertson, LL.B., Town Clerk of
Edinburgh, give an account of the severe outbreak of pestilence in 1645.
OF THE BURGH OF EDINBURGH 93
27</i May 1646.
Ordaines the dean of gild to cans delyver to Laurence Hendersone [cimrch at tiie
thesaurer of the kirk at the Trone all such soumes of money as hes bein
collectit in his courtis for the use of Sanct Pauls Warke or any uther coUectit
of the preceiding dean of gild. . . .
Forsameikle as the ruiff of the Grayfreir ku'k being alltogidder ruined (c.rayfriars
o o Cliurcli.]
Tlieirfoir the counsell ordaines the dean of gild to cans repair the samen
with all diligence and to sark the samen swa far as is repaired.
29th May 1G46.
[The council, ministers and elders elect Robert Fleyming and Adam
Lamb, goldsmith, commissioners to the General Assembly in the Town on
3rd Jmie.
The council, having set to Jo" Brotherstanes the petty customs and ballast
boats of Leith for 7,800 merks, in consideration of the present calamity agree to
excuse him 3,000 merks.
The council, ministers, principal and professors elect M'' John Adamsone,
principal, commissioner for the College to the Assembly.]
Srd June 1646.
Graunts testimoniall . . . that the good shipp eaUit the Jonet of Leith [Trade]
quhairof Wilham Thomsone is master perteins and belongis to Sir WiUiam
Dick George Suittie William Dick younger and Patrik Thomsone merchandis
as also that the malt irone and cables sliiped in the said shipp to be trans-
ported to Air belongeth to Ro* Gordoun and Jo" Fergusone merchandis in
Air. . . .
10th June 1646, Post meridiem.
[The Council with some of the extraordinary deacons and kirk sessions and [Ministers.]
sundry neighbours] considering the necessitie this brugli hes of thrie
ministeris mae then they have aUreddie and it being rei:)resentit be the
magistratts and counsell that the kirk rentis teyndis ground annuells and
uther mortificatiouns graunted for the maintenance of the ministrie of
this brugh is not sufficient to pay the ministeris and precentoris stipendis
aUreddie provydit and for cleu'ing heirof did offer their haill giftis rights
and mortificatiouns with ane rentall of the rentis foirsaidis to the view
and consideratioun of the ministrie kirk sessioun and nighbouris to the
effect they might compair the samen with the stipends payable to the
ministeris and precenteris allreadie provydit But fearing to slipp the
opportunitie of the General Assemblie now sitting within this brugh whais
94 EXTRACTS FROM THE RECORDS
auctoritie is requisite and quhich they thoght necessarie at this tyme to
crave for transportatioun of such thrie ministeris as sail be elected . . . and
thairfoir they did forbeir for the present the reviseing and consideratioun
of the saidis kirk rentis rentalls and rightis and beand wilhng that tlie
commoun good of this brugh sail not be burdened with any ministeris or
precenters stipendis in tyme to cum . . . Thairfoir it is accordit be common
and unanimous consent of the saids magistratts counsell ministrie sex
sessiouns and nighbouris that the electioun and nominatioun of the saidis
thrie ministeris sail presenthe goe on with ane supphcatioun to the General
Assembhe for their transportatioun upon this conditioun that the magistratts
and haill memberis of counsell with the haill members of the knk sessiouns
and nighbouris doe obleidge themselffis that befoir any of the saidis thrie
ministeris sail be transportit be warrand of the General Assembhe or then
committie they sail mak choyce of commissioneris in maner and to the
effect underwi-ittin viz. sex persounes owt of the Counsell and sex owt of
the kirk sessiouns with sex of the nighbouris quhairof twa sail be of the
Colledge of Justice quha sail have power to convein consider and calculat
the rentis pertening to the brugh for the use of the ministrie and what
sail be fund wanting and deficient for the maintenance of twelff ministeris
and their precentoris That ane solid course sould be taken and laid doun
for supplieing of the said want quhairby the coramoiui good of this brugh
sail not be burdened with their maintenance and stipends in tyme cuming
bot that iUt member of counsell sessioun nighbouris and inhabitants within
this brugh in everie parishe respective quhair their dwelling is sail contribute
their i^roportionall pairt of what sail be wanting and deficient of the saidis
kirk rentis according as it sail be thoght most expedient be tlie saidis
commissioneris . . . Quhairupon electioun wes maid of M'' Andro Cant
minister at Aberdein Master James Hammiltoun minister at Dumfries ^
and M'' Robert Ker minister at Prestoun. . . .
I2th June 1646.
[James Billies is elected old baillie in place of the late Robert Achiesone.
The accounts of William Trotter, treasurer, for the second year of his office
show a charge of 156,542" 8" 5'' and a discharge of 161,212" 4^ 4'', includmg
7,549" 1" 10'' overspent in the first year. A balance, therefore, is due to him of
4,669" 15^ II", of which the dean of gild is to pay to him 669" 15^ ll'i from the
voluntary contributions gathered at his council for S' Paul's Work. Thomas
Moodie, succeeding treasurer, is to pay him 4,000" with a further sum of 277" 10^.]
^ Mr James Hamilton had been called already in 1643. See p. 33 supra. The election of
Mr Robert Ke;' was not allowed by the Commission of the General Assembly (Proceedings, i.
pp. 28-9).
OF THE BURGH OF EDINBURGH 95
17/;?, June 1646.
[As the council owe money to the Estates for the monthly maintenance,
the treasurer is to pay 100" sterling and 600 bolls of meal in part
payment.
The sum of 21,000 merks, payable by four terms, is to be levied from tlie
inhabitants of Leith for the cost of the pestilence. Stentmasters are appointed.
As the Estates owe to the Town from Martinmas 1642 72,866" lO'' 3" with the
annualrents amomitmg to 23,317" 4", and also the Committee of Estates owes
smce Whitsunday 1640 12,488" with 5,994" 6" of annualrents for the fortification
of Leith, 1 the total annualrents, amounting to 29,311" 10" is to be paid by the
treasurer of the excise to the present Town treasurer.
The accounts of the kirk treasurer show a charge of 27,032" O'^ T' and a
discharge of 25,920" 13^ lO".]
I9th June 1646.
[George Suittie and Robert Mackean are appointed commissioners to the
convention of burghs at Perth.
Members of the committee for revising the rents due to the ministers are chosen
from the council, neighbours and College of Justice.] ^
26<A June 1646.
[A legacy of 5,000 merks was given by the late David Grahame, merchant, to
the session of the east kirk of St Giles towards the support of a second minister
and, failing the marriage or survival of his two daughters or of any children,
the sum of 7,000 merks, to be employed by advice of M' Alexander Hendersone
and M"' Robert Douglas, ministers. The present husband of Helen Syme, widow
of the said David Grahame, has given security for the payment of the money.]
\st July 1646.
Ordaines the thesaurer to pay to Robert Gray merchand for the loss [Pestuenoe.]
sustained be him in his quarrell be the buriell of the dead people quha died
in the visitatioun the soume of four hundreth merkis.
Ml July 1646.
[John Mihie is elected deacon of the masons in place of the late Thomas
Ainshe.]
\Uh July 1646.
Quhairas M"" Alex^ Henriesone and M"" Ro' Douglas twa of their pastoris Petiuoun
haveing written from Newcastle to the Provest baillies and counsell being Majestii'at
Newcastle.
1 See 10th and 24th November 1643 (p. 37 supra), and 7th May 1640 and 26th Februarv
1641 (Extracts, 1626-41, pp. 240, 246).
' See act of 10th June supra.
96 EXTRACTS FROM THE RECORDS
the representative bodie of the Toun to send up ane petitioun to his Majestie
for setling of religioiin and peace in all Ms kingdomes and for strentlining
the unioun of the twa natiouns both betwdx themselffis and with his Majestie
as the Cittie of London hes done Quhau'of the copie of their petitioun sent
doun be them to the counsell producit this day with the missive letter mair
amjjlie beu'is Thairfoir the counsell hes condiscendit and agreit to send up
ane petitioun to his Majestie to the effect foirsaid and ordaines the double
thairof to be insert hen- quhau-of the tenour foUowis To the Kings most
excellent Majestie the humble petitioun of the Provest baiUies and counsell
of Edinburgh the representative bodie thairof conveind in comisell Quhairas
by yoiu- Majesties gracious proclamatioun maid heir for setling rehgiomi
and peace in thes afflicted kingdomes the petitiouners blesseth God wha
hes put thes thoghtis in your Majesties royaU heart and does still pray
aUmightie God to confirme and in his wisdome and power to assist your
Majestie in the diligent and tymous prosecutioun of the same As for tliis
cittie the hinnble j^etitioneris acknowledge it their dewtie to testifie to your
Majestie and all the world that according to their many j^rotestatiouns
and solemne covenants they doe still as they did evir intertein the conscience
of all loyall and native dewtie to your Majestie from which they sail nevir
dej^airt And thairfoir from the lyk sens of dewtie the petitioners doe most
humbhe suppUcat your Majestie in this joynture of tyme at quhicli they
conceave both Parhamentis ar to give in to your Majestie propositiouiis
for ane happie peace ^ that it would pleas your royall wisdome to tak this
opportunitie to mak the best use of their wholsome counsells for setling
trew rehgioun and peace iia aU your kingdomes and for strentlining the
unioun of the twa natiouns ^dth your Majestie and betwix themselffis
quhairby we ar confident glorie sail redound to God honom- and happines
to yom' Majestie and royall posteritie and comfort to all your Majesties
good subjectis For which we sail be earnest in prayer to aUmightie God
as in all bound dewtie becomes your Majesties most humble most faithfull
and obedient subjectis . . . And becaus Colonell James Rae is goeing to
Newcastle Thairfoir they have desyrit the said coloneU to tak the said
petitioun with him and hes electit and nominat . . . David Wilkie ane of
their number to be commissioner for them to goe with the said ColoneU
James Rae to present the said petitioun to his Majestie. . . .
^ The English propositions may be found in Sir Charles Petrie's Letters and Proclamations
of Charles I., pp. 183-99. The King's attitude to them may be gauged from the King's letter
immediately following. The Scots Parliament was not sitting at the time, but meeting in
November 1646, they on 8th December despatched commissioners to him with overtures,
desiring him to join in the propositions of peace offered by both kingdoms.
OF THE BURGH OF EDINBURGH 97
22nd July 1646.
[The making of the following burgesses and gildbrethren is approved :
Generall Major Jo° Middletouii, Colonell Harie Barcley, Sir James FouUis of
Cohngtoun, jure uxoris, Colonell Hew Fraser, Lieut. Colonell Johne Home,
Lieut. Colonell Mungo Murrey ; Robert Balfour, servant of Middletoun, burgess ;
James Spedie, previously burgess, gildbrother.]
21th July 1646.
[John Lowrie is admitted a vulgar schoolmaster upon condition that he shall
be ready to act as reader or precentor.]
Ordaines Jo° Jessie tliesaiu'er to resave for the use of the Toun the [Legacy to
soume of nyne thowsand merkis fra Sir Jo° Buchanan of that Ilk to be
besto\vat ui^on twa biu'saris within the CoUedge of Edinburgh the sourae of
foui-scoir pundis to illi ane of the saidis bursaris The soume of ane liundreth
merkis yeii'lie to the keiper of the librarie of the said Colledge and for
maintenance of twa bm'saris]in the Colledge of Sanct Androis the soume
of ane hundreth merlds yeirlie to each one of them Aiid to the keijier of
the hbrarie there the soume of fyftie merkis Item for maintenance of twa
bursaris in the Colledge of Abirdein ane liundreth merkis each one of them
and fyftie merkis to the keiper of the hbrarie at Abirdein Item for maintening
of twa bursaris at the colledge of Glasgow each ane of them ane huncheth
merkis yehhe Item for keiping the hbrarie of the said CoUedge the soume
of fyftie merkis yeirhe And ordaines him to be chairgit thahwith in his
accomptis and to be dischairgit with the giveing owt of the annuehentis
in maner abonewrittin and ordaines him to pay alsmuch of prmcipall soume
as the said annuehent extends to and the same sail be allowed in his
accomptis.
Ith August 1646.
[The sum of 4,000 merks, to be taken from the first of the extent, is to be
used for payment of the muiisters' stipends.]
U^/i, August 1646.
Ordaines proclamatioun to pas throw this brugh declairing that the [unfree
commissioneris of burrowis being conveind in Pearth in July last and being ^^ "^'
informed of the abuses committed be divers burgessis inhabitantis of tliis
brugh be frequenting of unfrie places lossing and loacUng and making
mercat thairat debaitting of their merchancUce als friehe and commounhe
as \vithin this brugh to the great prejudice hurt and skaith of this brugh
and priviledgis thairof Notwithstanding the samen lies bein divers tymes
befoir prohibited and now of lait is become to that hight that the saidis
unfrie places is become raoir frequented and moir populous nor the royall
G
98
EXTRACTS FROM THE RECORDS
brughis For remeid quhairof and suppressing such lyk inconveniences in
tyme comeing they have statut and ordained that na burges nor frieman
■within this brugh los or load their shipps or merchandice or any pairt
thairof mak saill or mercat thairof at any unfrie place within this kmgdonie
or furneis the saids places with merchandice for saill thairof under the
paine of ane hundreth pundis. . . .
19th August 1646.
[M"' Patrick Hendersoun, reader in the New Kirk of St Giles is to be paid
the same fee as formerly.
The treasurer for the church at the Castlehhl is to borrow 450 rix dollars
for payment of CorneHus Jansone's load of timber for the said church. "^
John Wood is to be received biu-ges gratis.]
26th August 1646.
(Merk per tun] Finding the necessitie of timber in this countrey for building Thairfoir
they have thoght it necessar that the tymber broght in be strangers sail
be frie from payment of the merk of the tun and recommends to the thesaurer
to have ane cair that alsmuch money be taken af the nighbouris and utheris
buyars of the said tymber as sail be equivalent to the merk of the tun.
2nd September 1646.
[Regiment.] Forsameikle as the Provest baillies dean of gild and thesam-er did borrow
upon their owen band the soume of twa thowsand and fyve hundreth
merkis money quhilk wes given to Colonell James Rae for supi^Ueing of
the recruit of his regiment ^ the saicUs magistratts being m-git thairto be
the Committee of Estaitts Thairfoir the counsell ordaines the present baUhes
to repay the said soume to these from quhom they borrowit out of the first
end of the present stent quhilk they ar collecting.
[Eegiment.] Ordaines the baiUies to advance to Jo° Hillstoun for paying of the
souldieris the soume of iyve hundreth pundis out of the reddiest of this
present stent.
[Timber.] Ordaines Jo° Jossie thesaurer to pay to Ar'' Maisson merchand the
soume of tuentie twa hundreth and nyne pundis Scottis money for the
pryce of ane hundreth and fyve peice of aiken tymber contening twentie
nyne hundreth and fourtie sex fute present he broght home be bim at
desjTe of the counseU.
' Marginal note : The counsell ordaines this act to be deleit inrespect of ane act of counsell
maid thairanent 12th Martil 1647.
^ See p. 91 supra.
OF THE BURGH OF EDINBURGH 99
Forsameikle as there has bein read to the counsell ane contract betwix [GrayWars
them and Jo" Scott master wright anent the repairing of the maine rooff
of the Grayfreir kirk quhairunto the Counsell agried and ordaines the
Provest and bailhes to subscryve the samen with their handis in their
names and becaus the Tovvne is obleidged be the said contract to pay to
the said Jo" Scott the soume of eight thowsand merkis at the termes
conteind in the said contract Thairfoir ordaines the said soume to be
repayed furth of the I'eddiest of the merk of the tun quhen the North west
churche quhairunto it is imployed sail be comi^leatt with the annuehent
thairof and quhat farder saU be imployed thairupoun.
Forsameikle as be the contract past betwix the Toun and Johne Scott (Church at the
anent the onputting of ane ruiff on the South east kirk and steiple thairof
the good Toun is obleidged to pay presenthe to him the soume of thrie
thowsand merkis Thairfoir ordaines the dean of gild to pay the said soume
to the said Johne.
^th September 1646.
Compeu'd Ro* Fleyming and granted him to have resaved from the [Lady Tester's
Ladie Yester the soume of twa thowsand merkis Scottis for owtquyting
of eight scoir of merkis of ane annuelrent of twa hundreth merkis cpihilk
the said Ladie mortified furth of hir land at the Netherbow to be bestowit
for the use of the poor at the siglit of the ministrie of this brugh and lies
burdened the said land onlie with the soume of fourtie merkis yeh-he and
the Toun is obleidged to mak up the said twa thowsand merkis yeirhe
conforme to the discharge of the former annuelrent . . . and thairfoir the
counsell ordaines the Provest and baillies to subscryve thir presentis. . . . ^
Forsameikle as General Major Middletoiin and the Governour of Innernes Anent the reieir
haveing representit to the Committee of Estaitts the necessitie and wantis souns of
of the garrisouns of Innernes and Blair in Atholl and that unles some Biau- in Athoii.
speidie cours be taken for provyding maintenance moneyis and clothes to
the officers and souldiers of thes garrisouns they would be necessitat to
disband and Heve these places of so great importance for saftie of the
kingdome open to the enemie And the Committee of Estaitts haveing
seriouslie recommendit this to the Committee of moneyis and they haveing
taken the samen to their consideratioun and being most willing to provyd
the saids garrisouns and finding no other meanes to get that presentlie done
except be the excys of Edinburgh resaved be the magistratts thairof The
said Committee for moneyis and excys did thairfoir call befoir them the
'■ She had offered already to help to build a ehiirch in the Town (p. 42 supra), and her
" favorable goodwill " towards the poor, possibly referring to this entry, is noted on 19th April
1643 (p. 25 supra).
100 EXTRACTS FROM THE RECORDS
magistratts and Counsell of the said brugli and inregaird be act of Parliament
the guidhngs ar first to be payit and that some persones to quliom the
guidhngs ar owing in Edinburgh ar content to len ane competent soume
for the present suppUe and releiff of the saidis garrisouns they being payit
of the guidlings out of the excys the said Committee desjTed the saidis
magistratts and counsell of Edinburgh presentlie to advance out of their
excys the soume of ane thowsand pundis sterline to be imployed to the
effect foirsaid . . . Quhairunto the saidis magistratts and counsell being
unwilhng and the said Committee finding an absolut necessitie to provyd
for the saidis garrisoune and no uther mein to get money at this tyme
for doeing thairof bot out of that excys and thanfoir againe requyrit the
saidis magistratts and counsell of Edinburgh within eight dayis eftir the
daitt heu'of to advance and dehver the said soume of ane thowsand pund
sterhne out of their excys to James Stewart thesaiu'er of the excys to the
eflfect he may pay the same to such persones to whom guidhngs ar owing
within the said brugh and who ar content and willing now in this tyme of
strait to lend the samen for this present supphe and releif of the saids
garrisouns Quhairin if the saids magistratts and counsell of Edinburgh
did failyie the said Committee did protest and declair that what prejuchce
sail occurr to the kingdome be the disbanding of the saids garrisons shall
be chargit upon the saids magistratts and Toun counsell of Edinburgh
Lykas this act wes intimat to Sir Jo° Smyth Provest Laurence Hendersone
ane of the present bailhes James Ahsone Gilbert Sommervell Adam Lamb
Jqi Thomson counselleris and M"" George Norwell their agent being their
present for themselfis and in name of the rest of the magistratts and counsell
of the said brugh And eftir the said intimatioun they stiU refuising the
said Committee doe heirby remitt and recommend the consideratioun
heirof to the honorable estaitts of Parliament And the said Laurence
Hendersone ane of the baiUies being present and Ro* Lockhart in name of
James Stewart ane uther of the baiUies absent protestit that na thing might
be imput to them heirin who as baiUies wer willing to doe what wes incumbent
to them sic subscribitur Cassillis I. p. D. Com : As also compeird the saidis
baillies and produced ane uther act quhairof the tenour followis The
Committee for money and excys declan that if within fyften dayis eftir
the dait heirof the magistratts and counsell of Edinbiu-gh sail pay and
delyver to James Stewart thesaurer of the excys the soume of sex thousand
pundis Scotts to be imployed for the present supphe of the garrisouns of
Innernes and Blair in Atholl that then the said Committee will rescind
the act past be them anent the soume of ane thousand pund stirhne demandit
be the said Committee from the saidis magistratts for the use of the saids
garrisouns of the dait of thir presentis Sic subscribitur Cassillis I. p. d. Com.
OF THE BURGH OF EDINBURGH 101
11th September 1646.
Forsameikle as it hes bein heavilie regrated be the Regents and masteris [CoUege.]
of Philosophie witliin the College of tliis brugh that their estaitt quliich
they had of the Toun wes verie mein and small and scarce able to intertein
them or supphe them with necessars for their liveing Quliich being considerit
be the counsell they have agried and condiscendit that their ordinar fiall
sail be augmentit dureing the not estabhshing of ane OEconomie within
the said Colledge and thairfoir . . . appoynts to everie ane of the fom-
regents of philosophie . . . the soume of ane hundreth pundis Scottis by
and attorn' that which everie ane of them hes present lie. . . .^
Forsameikle as the counsell finding that the unfrie traderis does dayhe
grow quhairby the nighbouris of tliis brugh ar heavilie prejudgit and the
hbertie thairof contemned quliich falls owt throw the neghgence of the
magistratts in not executting of the acts of Parliament maid in favouris
of this brugh [therefore they appoint WiUiam Huttoun inspector and searcher of
unfree traders, with power to him to arrest them and their goods and bring them
before the judges to be appointed for that purpose. His yearly fee is to be 2-1:0''
with a tentli of all fines from unfrcemen reported by him.
William Singer, tailor, is admitted burgess for life at the desire of Lord
Balmerinoch.]
IGth September 1646.
[James Eilhes grants himself repaid 5,000 merks, which he had Ijorrowed
at command of the council, of wliich 1,000 merks had been borrowed upon the
security of silver work which he had in his charge.]
18th September 1646.
Graunts bill of health to Andro Duncan merchand testifieing that he [Trade with
hes shipped aboord in the good shipp calht the Alexander of Leith quhairof
Jo" Jossie is master certane merchandice consisting of coalls knappald
waxe etc pertening to him and uther conburgessis of this brugh to be
transported ... to Cadiz in South Spaine. . . .
Graunts bill of health to James Colquhoun merchand testifieing that he [Trade with
hes shipped aboord the good shipp calht the Ehzabeth of Ku'kaldie ...
certane merchandice consisting of cloth waxe celesia lynning from the
port of Leith to Cadiz in South Spaine. . . .
[After rehearsmg the sums for which the various branches of the Common [Reduction of
Good were set for the past year] the counsell considering the calamitie of the common
Good.]
• See Extracts, 1626-41, p. 240, which gives the scale of payments in the year 1640. It
should be remembered that, in addition to their salary, they had fees from the students
taught by them. In such a year as 1646 these fees were bound to be less than in a less troubled
time.
g2
102 EXTRACTS FROM THE RECORDS
tyme quhairin the saidis dewties wer sett ^ and that some of tlie ports wer
closed up at command of the counsel! as the Societie Potterraw and Cowgaitt
ports so that the taksmen thairof rypit no benefite thau-by and that some
of the particular dew^ties abonewTittin wer reserved in the Touns handis
quhairof no benefite that yen- wes resaved And considering withall that all
trade and traflfique to and fra this brugh wer verie small thairfoir they
have agried and consented that the saicUs dewties quhau'unto the samen
wer sett sail be defalked . . . Becaus the takers resaved no benefite of
the samen for the said yeii- in respect of the calamitie of the tyme. . . .
2ird September 1646.
[Order as to Compeird M'' Mungo Law ane of the ordinar ministeris of this Brugh
Magistrates] and produced ane act of the Committee of Estaitts recommending that
thes that hes voice in the electioun of magistratts of burrowis that they
make choys of no persones to be magistratts or to be of the counsell of their
brugh for the year following wha have complyed with the Rebells or under
proces for the samen and have not given satisfactioun to the Kirk for the
same . . . And siklyk producit ane act of the committee of the General
Assemblie appoynting everie presbytrie or minister of brugh or ather of
them to give ane roU of the complyeris under proces in their boundis to the
meitting of the shyre and to the Toun counsell resjiective that they may
the better know how to give obedience to the said recommendatioun of the
said Committees and withall to intimat that the Conimissioun will proceid
with the censures of the Kirk agains such persones electit and aoceptand
the imj)loyment with the greatter severitie. . . . ^
30«A September 1646.
[Castle.] Forsameikle as Alex'' Downie hes furnished in Marclie !"» vi<= and fourtie
yeiris to the Castell fyve hundi'eth twentie seven daillis at fourtie fyve
pund the hundreth and also to Robert Fleyming and Laurence Hendersone
bailhes in Leytli certane taikill the said tyme extending to ane hundreth
fyftie fyve pund eighten shilling twa pennyes QuhiUi soumes the Counsell
1 Tliat is the pestilence under vvhicli both Edinburgli and Leitli suffered se\-erely. Tlie
deductions were considerable. Half of the duty of the tacksmen of the mills was cancelled,
about a third of the weighhouse dues, some of the tacks of the petty customs were altogether
excused, and others liad smaller deductions.
^ Sir John vSmith, tlie Loi'd Provost, at the above date was under process of the Commission
of Assembly for compliance with the rebels (pp. 75, 78 supra). On tlie day of the above act
lie had expressed his penitence antl " that the piiblik scandal] thereof may be removed,"
was enjoined " to acknowledge humblie upon his knees his said offences tomorrow, the 24 of
this instant, in the East Kirk of Edinburgh in his own seat after sermon." The proceedings
of the Commission do not record this act presented to the Council.
OF THE BURGH OF EDINBURGH 103
ordaines the tliesaurer to pay the samen to him with the annueh-entis
tliairof quhen they sail get payment from the Estaitts. . . .
[Bill of health to Ninian Williamsone for transporting in the " Amitie " of
Burntisland, wax, lead and timber to Cadiz.]
Finding that divers persones who lies right to lands and annuelrentis [Money due to
• 1-11 1 ■ 1 • •. r 1 '1'"*^" f'''""
within brugli and ar in reasone subject to contribute tor the commoun lamis.]
burdens of the brugh and yet doe deny to pay their pairt thairof and uther
wayis frustratts the payment of the samen Thairfoir . . . hes st'atut
and ordained . . . that none of the baiUies present nor to come nor their
clerk sail pas with any pairties for giveing of infeftmentis except first they
sail report the persones names to the Counsell to the effect it may be tryed
if there be any soumes of money stents or ground annueUis adebtit furth
of the saidis landis to the good Toun and that the samen may be lawfuUie
prized and j^ayit befoir the saidis infeftmentis be given and the baiUie
and clerk transgressing this present act to be lyable and subject to the
payment of the saids soumes of money ground annueUis or quhat els the
saidis landis quhairof they give infeftment is fund dew to the good Toun
and sail make compt and payment of the same to the good Toun as if they
had resaved the samen And ordaines the coUectour of the kirk rentis to
attend ilk counsell day for giveing informatioun anent the ground annueUis.
Forsameikle as upoiin the thretten day of August i"" vi*^ fourtie fyve yeiris [Guard
the CounseU upon the necessitie of the desertioun of the people be reasone
of the plague wer forced to conduce the number of ane hundreth soulcUers
for defence of the Toun and houses thau'of as also for clenging of the streitts
thairof . . . And now the present Provest baiUies and counsell considermg
that by the mercie of God the Toun is repeopled and the streitts clenged
so that thair is no moir occasioun of retaining of the saicUs souldieris bot
that the good Toun sould be themselffis defend the samen day and night
and that thair is no occasioun of casting owt so much money upon souldiers
quhilk wer no smaU burden to the inhabitants [therefore the soldiers are to
be dismissed on 1^' October and paid what is due to them] And ordaines the
present bailUes to cans wairne the haiU constables of this brugh agains
Saterday nixt the thrid of October and to give them ordour for owtbringing
of the watche as in former tymes. . . . ^
Itli October 1646.
[Council for 1646-7 : Provost, Archibald Tod ; Bailies, Edward Edgar,
Archibald SydserfF, John Fairholme, John Jossie ; Dean of Gild, George Suittie ;
Treasurer, Patrick Thomsone ; Council, Sir John Smyth, James Rucheid, John
Pearsone, Laurence Hendersone, James Stewart, James Cochrane, William
' See p. 73 supra.
104
EXTRACTS FROM THE RECORDS
Trotter, John Marjoribaiiks, John Denholme, John Liddell, George Gairdner
[taOor], James Borthuik [surgeon] ; Ordinary Deacons, Robert MeiMejohne,
skuiner, David Dowglas, surgeon, John Scott, goldsmith, James Monteith,
[hammerman], James Fentoun, tailor, John Futhie, shoemaker ; Extraordinary
deacons, Thomas SommerveU, furrier, James Twedie, wright, John MUne, mason,
John BaUlie, baker, James Gairdner, flesher, Patrick Cochrane, weaver, John
Crystie, waulker, Francis Ker, bomietmaker.
Bailies of the Canongate, Alexander Peirs and John HammUtoun.
Baron bailie of Broughton, John Bpmie.
Water bailie, James EiUies ; Baron bailies of Leith, James EilMes and David
Wilkie.]
9th October 1646.
[Church seat] Ordalncs Johne Scott wTight to build the seatt appoynted for the Earle
of Crawfuird hie Thesaurer of Scotland. ^
[The accounts of John Hillstoun, treasurer for the poor, show a charge of
16,284" 2s 2" and a discharge of 19,12.5" 19^* 6''. The baihes are to repay him
2,593" 17^ 4'i and the treasurer 248", spent upon the mills and the lockman.]
2lst October 1646.
[Price of tallow, 48^ the stone ; price of candles, 58^ the stone and 4' the pound.
Price of bread is the same as on 8th May of the same year.
The Kirk councU is elected.]
28th October 1646.
[Edward Edgar and David Dowglas are appointed commissioners to the
particular convention of burghs.]
iOth October 1646.
[The following ministers of the burgh are to be admitted burgesses and gUd-
brethren gratis : Messrs William Colvill, Robert Dowglas, William Bennett,
John Oswald, Mungo Law, Robert Lowrie.]
[CoUege
Hector.]
4th November 1646.
[John Scott is admitted Town smith in place of the late William Duncane.
He is to have the latter's dweUing house at the same rent.] ^
Electis and nominatts M"" Andre Ramsay ane of the ordinar ministeris
of this brugh to be Rector of King James Colledge for the yeir to cum in
place of umquhile M' Alex'' Hendersone last possessour of the same place.^
1 Apparently a prisoner in Town in 1645 (see pp. 70, 74 supra).
^ The admission of Duncan is not recorded.
' See Extracts, 1626-41, p. 18 and note; also pp. 230-1 for the duties attached to the
office and the appointment of Jlr Alexander Henderson. He had died on 19th August 1646.
Ramsay's appointment is surprising, since he had been called before the Coimnission of
Assembly recently for a sermon '" quhairin he medled with sum questiones concerning the
King not fitt for the tyme " {Proceedings, i., 37, 46, 51).
OF THE BURGH OF EDINBURGH 105
6th November 1646.
Ordaines the clerk to take out of the charterhous the mortificatioiin [Orkney.]
grauntit be his Majestie to the Toun of Edinburgh of the deanrie of Orkney
and to be given to tlie agent quhairby he may take consultatioun with
the assessouris in such thingis as presentlie concerne the good Toun.^
I8th November 1646.
[The money borrowed from M'' John Charteris, minister of Currie for equipping
Colonel Rae's regiment has been repaid.]
23r(Z November 1646.
The Lord Provest baillies counsell and deakens of craftis patrouns of [couege
^ . Rector.]
King James his CoUedge with the ministers . . . electis nominatts and
creatts M"" Andro Ramsey ane of the present ministeris of this brugli to
be Rector of their said Colledge for tlie yeir to come conforme to the
instructiouns set doun be act of counsell . . . quhich wer read in his
audience. . . .
21 th November 1646.
[The accounts of John Ronnald, collector of the mark per tim and treasurer
for the church in the Castlehill show a charge of 8,394" 8*> 8d and a discharge of
21,728" 13" 1''. The balance due to him is 13,334" 4^. A committee is appointed
to discuss the overtures made by John Ronnald for his repayment.]
Unlawis Johne Langlandis skipper in the soume of fourtie pundis for [Fine.]
not tymous entrie of his wynes and making a short entrie.
2nd December 1646.
[Proclamation forbidding the laying of middens on the streets and
empowering the constables to collect a fine of 5" from any one found laying dirt
on the streets.
M"' James Baird, advocate, elected assessor.]
Uh December 1646.
[Price of strong beer, 20" the pint ; small beer, 10" the pint ; strong ale,
14'' the pmt ; small ale, T" the pint.]
Resaves James Towris glassinwright to be Touns master glassinwright.-
1 The deanery of Orliney is not expressly mentioned in the charter by Charles I of 1641.
The bishopric is named, the deanery of Edinburgh and the patronage of St Cuthberta (Extracts,
1626-41, Appendix xx., pp. .338-41).
^ The first appointment of a Town glazier. There were already a Town mason, a Town
Wright and a Town plumber.
106
EXTRACTS FROM THE RECORDS
[Fine.]
[Pestilence.]
[Chambers in
tlie College.]
9th December 1646.
Unlawis Johne Griersone skippei' in the Pannis and Thomas Gray his
mate for ane short entrie and taking away liis wynes without ane offer
ilk ane of them in the soume of fourtie pundis.
16th December 1646.
Ordaines Laurence Hendersoun lait baillie to pay to James B3Tinie
baxter tlie soume of fourtie four pundis resaved be him from M'' Robert
Smyth quhich wes collected be him in the tyme of the visitatioun in
CoUngtoun.
I8fh December 1646.
Forsameikle as James Murrey elder merchand for his goodwill to the
CoUedge lies contribute to the thesaurer thairof for building of twa chalmeris
in the said CoUedge for the use thairof Quhairfoir the counsell lies agried
and consented that quhen any of the saids chalmeris sail vaik if it sail
happen any of the name of Murrey or Mauld to desyre any of the saidis
chalmeris the tyme of their course within the said CoUedge that they sail
be preferrd thairto befoir any utheris for payment of the ordinar maill of
the samen . . . and with such ease of the maiU as any uther bmlder gettis.
2Zrd December 1646.
[The arrears of the pension of John Milne, master mason to the Town, are
to be paid. The pension is to be continued.]
mth December 1646.
[The late WiUiam Porter left a legacy to the Council as foUows : 3,000 merks
towards the buildmg of the church at the Tron ; 1,000 merks for the support
of a bursar of philosophy in the College ; 300 merks for the poor of Trinity
Hospital. The money having been received, the council agree that the money
left for a bursar shaU be used for buildmg a chamber in the College.
Archibald Sydserflf and John Scott, goldsmith, are elected commissioners to
Parhament in the absence of Edward Edgar and David Dowglas.^
Agreement with M'' David Heriot, advocate, as to the 20" due to the Provost
of Corstorphine from the Town rents.] ^
' An act of Parliament of 1st January 1649 annulled this election. Edgar had been
nominated as one of the conmiissioners to Newcastle, sent with proposals to the King ; Douglas
was bound for the same place on private affairs. The Parliament vinanimously refused to
allow the excuse of prior appointments, but proposed to consider the matter further (A.P.S.
vi. (1), p. 644).
- This is mentioned in the Town Treasurer's accounts for the year 1552-3. On 11th
December 1573 the Provost of Corstorphine claimed the siun of SOU as due to him and the
prebendaries of that church, but the result of the claim is not recorded. But in 1603 an
agreement was made with Mr Alexander McGill, provost of Corstorphine, for payment of the
201' to him during his lifetime {Extracts, 1389-1603. p. 317). From that date the matter did
not arise till the present entry.
OF THE BURGH OF EDINBURGH 107
8th January 1647.
Forsanieilvle as the Ladie Yester liaveing pertening to her at the Nether [Land iiisponed
bow ane tenement of land quhau'unto umquhile Joline Yak" was j^resented Ycstcr.i
chaiplane and quhilk belonged to him as chaplane fou-said for payment to
him of sexten merkis and now be his deceas the said land is fallen to be
halden of the Toun and finding that Dame Margaret Ker the LacUe Yester
grandmother to the present Johne Master of Yester hath bein verie beneficiall
to the good Towne in consideratioun quhairof the Provest baillies and
counsell at the said Master his earnest desyre ar content and consentis to
dispone the said land to him to be halden in frie biirgage for payment of
fom'tie merkis yeirlie for the behove of the jDoor of the good toun.^
[Election of the council of the Correction House.]
Ordaines James Cochrane old dean of gild to meitt with Patrik Ingles icoai.)
of Elvingstoun and utheris of the gentrie of Lowthian anent the busines
of the coall and to concur with them for a redres in any abuse sail be fund
thairin.
[Burgesses and gildbrethren admitted at the desire of General Middletoun :
Colonel George Milne, Lieutenant Colonel [ ] Ker of Newtoun ; Major David
Barclay, Colonel [ ] Merser of Adie, Major [ ] Toures and Major Sharpe.
The dean of gild and his council are to admit Robert Neill, his secretary, and
Robert Balfour, his barber, burgesses and gildbrethren, and John Mitchell, his
servant, burgess.]
Uth January 1647.
[The accounts of the masters of the Hospital for 1643-4 show a charge of
9,879" 3** 7'' and a discharge of 7,115" 1^ 5". Their accomits for 1644-5 show a
charge of 7,350" 12' 2i and a discharge of 11,698" S^ lO".]
I5th January 1647.
Haveing taken into consideratioun of the great danger of fyre that [Fire]
may fall owt be reasone that in the wester bow of this brugh quhah' the
trade of Unt is most exerced it is fund be visitatioun that the indwelleris
in severaU laiche houses haveing lint keipit thau'in or in the chamberis or
lofts above keip f3Tis in the chymnejas of the saids laich houses as of lait
ane most dangerous example thairof wes lyk to have bein to the greatter
terroiu' and danger of the whoU nighbouris Thairfoir the said Provest baillies
and counseU doe ordaine and command that within the sjjaice of ane moneth
nixtocum the whoU inliabitants of this brugh (especiaUie thes of the west
bow) who keip in their houses lint flax hemp tarr roset or any such combust-
able merchandice sail clos up with stane and lyme the wholl chimneyis
' Probably the ground ou which Tweeddale House was built, still standing in Tweeddale
Court.
108 EXTRACTS FROM THE RECORDS
of sik houses quhair any such merchandice is keipit under the paine of ane
hundreth punds of penaltie And that the same sail be done upon the heritouris
charges but if he sail refuis to performe this said command in that caice
that withua the spaice foirsaid the teimant presenthe occupying the said
land sail caus doe the same and detein the expensis thairof from the said
landlord af the first end of his maill. . . .
22wd January 1647.
Anenfc the Forsameiklc as Dame Margaret Ker Ladie Yester out of her pious zeall
her idik!''' "^ to the glorie of God and floorishmg of the gospell within this brugh of
Edinburgh hes instantUe delyvered to Robert Fleyming merchand ten
thowsand merkis for building of ane kirk within the said burgh togidder
with fy ve thowsand merkis to be imployed by us for the use of ane minister
serving the cure at the said kirk with speciall conditioun that if the said
soume of ten thowsand merkis sould not compleit the fabrik of the said
ku'k that it sould be lesome to imploy the uther fyve thowsand merkis or
so much thairof as sould be neidfuU for perfytting of the said fabrik And
the said noble Ladie being informit be the said Robert Fleyming that the
said soume of ten thowsand pundis is and will be for the most pairt imployed
upon the fabrik of the kirk quhairby her good intentioun for provyding
so much for the minister might be altogidder frustratt Thairfoir and in
supplement of the foirsaid soume of fyve thowsand merkis the said noble
Ladie be letteres of assignatioun of the daitt the second day of Januar
instant maid and constitut us the Provest baiUies and counsell of Edinburgh
her verie lawfull cessioneris and assigneyis in and to the soume of [fyve]
thowsand merkis of ane yeirhe annuelrent of eight thowsand merkis dew
to be payit to her be Jo° Lord Hay of Yester yeirhe for her conjunct fie
and terce landis of the lordship and hveing of Yester and that for the cropt
and yeir of God i"" vi^^ fourtie sex yeiris payable at Witsonday i™ vi'= fom-tie
seven yeiris . . . QuhUk kirk the Counsell understanding to be compleit
of the maisson warke and theiking thairof Thairfoh- ordaines the Provest
bailhes dean of gild and thesaiurer with their clerk to subscryT^e ane declara-
tioun to the said Ladie anent the premisis quhairanent tliir presentis sail
be to them ane sufficient warrand as also the saids Provest bailhes and
counseU obleissis them to use exact diligence for recoverie of the said soume
of fyve thowsand merkis at the feist and terme of Witsonday nixt and
being recovered to imploy the samen upon annueh-ent for help to pay the
said ministeris stipend serving the cuire at the said kirk.
OF THE BURGH OF EDINBURGH 109
27<A January 1647.
Forsameikle as there ar sundrie nighboiiris and inhabitants of this brugh [Arrears of
'^ ° Extents.]
who ar resting their extentis to the lait baillies for the yen- i™ vi^ fourtie
sex yeiris that refuisis to pay the said extentis quhairin they ar extented
according to their proportioun Thairfoii- the Counsell hes noniinat and
appoynted tlie baillie Jo" Fau'holme the dean of gild thesaurer Sir Jo°
Smyth aid Provest and James Fentoun deaken of the tailyeouris to meitt
and conveyn ilk Twysday and Thursday in the eftirnoone and cans warne
and cite all the saids nighbouris and inhabitants wlio are dew in payment
of their extentis for payment thairof and incaice of any of the saidis persones
refuisall of jjayment of thair proportionall pairts to cans execute the actis
and statutis of this brugh agains them for payment thau-of as also ordaines
the saidis persones to revise the wholl restis of the whole former magistrats
who have not filled theh" accomjDts anent any restis of extentis and doe
their best indevoires for ingathering thairof and then- meittingis to continue
till the cleiring the payment of the said extents.^
Vlili February 1647.
Forsameikle as the Estaittis of Parliament haveing desyred the good Advancement
Toun sould advaince for provisioun of the Laird of Archinles regiment ^ Achlniies
the soume of sex tliowsand punds quhich sould be allowed to the good
Towne in the first payment of their maintenance to be laid upon them
heireftir Lykas be act of Parhament the first of this instant the Estaitts
of ParUament hes declaird that the said soume of sex thowsand pundis
sail be allowed to the Toun of Edinburgh in the first end of their maintenance
and of the proportioun of the moneyis to be payit and advanced be the
brughis and shyris of this Kingdome for disbanding of the regimentis and
ordained the said soume of sex thowsand be payed to Jo" Kennedie Provest
of Air upon his ticket of resait And for payment of the said sowme of sex
thowsand pundis the present baillies ... ilk ane of them hes advaunced
the soume of fyve hundreth pundis and the baillies James Rucheid Jo°
Pearsone Laurence Hendersone and James Stewart hes pa5at out ilk ane
of them the soume of ane thowsand pundis to accompt of the extent stented
' Between this and the next entry, on 30th January, the Scots army had handed over
King Charles to the English Parliament. In justice to Scots policy, it must be stated that,
if Charles had complied with their conditions about Presbytry, his surrender would not have
taken place.
- James Campbell of Ardkinglas and the Marqviis of Ai'gyle were appointed colonels of the
two Highland regiments still to be kept up among the other regiments considered necessary
when the anny of occupation in England was disbanded. There were to be seven regiments
in all, the Highland with 1,000 men apiece, the others of 800 men (A.P.S. vi. (1), p. 673).
The act of Parliament upon which the above act of Council was based is dated 5tli February
(Ibid., p. 683).
no
EXTRACTS FROM THE RECORDS
[Precentor.]
[Watch.]
on the nighbouris of this brugh And Jo" Jossie ane of the present baillies
compeurand produced the act of Parliament with Johne Kennedie his
recept of the said soume of sex thowsand pundis. . . .
Ordaines the thesaurer to pay yeirlie to M'' Andro Thriepland precentor
in M'' Andro Ramsay his kirk dureing his service there the soume of twentie
pundis yeirhe. . . . ^
For the better keiping of the watche appoyntis Lieutennent Colonell
Auchinlek to tak up the unlawis of all contravemers and of such as will
not keip the watche in their ordinar nights.
11th February 1647.
[BaUast boat] Ordaines James Eillies watter baillie of Leith to beitt and repair the
greattest of the twa ballast boattis in Leith. . . .
5th March 1647.
[The Council approves the admission as burgesses and gild brethren gratis,
for good service done to the town, of Lieut. Colonel Andro Milne, Major Robert
Logane, Capt. WilUam Ramsay, Capt. Patrick Boog, Capt. Nathaniel Forbes,
William Frier, John Aikman, Cap' Alexander Sterling, Archibald Edmistoun,
servant of Colonel James Rae and Capt. George Melvill.] ^
[Shipwreck.]
[Monthly
Maintenance.]
10//i March 1647.
Graunts testimoniall . . . testifieing Jo" Jossie James Rucheid John
Marjoribankis Andro Bryssoun Andro Wardlaw James Ker and Robert
Broun merchandis to be awneris of an loadning of beanes yrone and lining
shipped aboard in the shipp caUit the [ ] of Leith . . . qidiilk is
shipwrak and cast away upon the He of Oleran besid the Rotchell in
France. . . .
Understanding that the Touns pairt of the monethUe maintenance
imposed upon this brugh be the Estaitts of ParKament presentlie conveind
ane great pairt of the tyme for payment thairof is allreddie past and much
of the said monethlie maintenance allreddie payit and advanced be the
counsell and in consideratioun that the said monetlihe maintenance is to
be imposed upon the inhabitants of this brugh for their trade and borrow
landis promiscuousUe quhairwith thair ar many of the Colledge of Justice
and divers utheris quho have no trade that by the act of Parliament maid
' See Extracts, 1626-41, p. 254. According to that allocation of churches, Ramsay's
congregation were worshipping either in ParUanient Hall or the College Hall as the church
at the Tron was not yet roofed.
^ Of these some had been admitted on 6th January 1644. The others are entered in the
Gild book as having been made free by act of Council of 3rd March 1647. Apparently the
act had been omitted and the present one is retrospective.
OF THE BURGH OF EDINBURGH 111
anent the said monethlie maintenance ar equallie to participat with the
nighbonris in their borrow landis and to the effect that the trew rentall
validitie and worth of the said borrow landis may be weill Isnowen quhairby
the said extent may be equaihe and proportionalUe divydit Thairfoir they
have elected and appoynted [four persons to each quarter to examine the
rentall of all houses and tenements withm the burgh] .^
I2th March 1647.
Forsameikle as npoun a suppUcatioun proferd to the counsel! be the [Ropairof
elderis of the kirk of Kirkwall in Orkney . . . ar informed that the fabrick church.)
and ruiff of the said kirk of Kirkwall is become some what faultie and
ruinous . . . ordaines Robert Fleyming present thesaurer of the kirk
counsell to pay . . . for present reparatioun of the said kirk of Orkney
the soume of thrie hundreth merkis . . . and appoyntis yeirhe in tyme
conieing the soume of twentie pundis money to be papt for upholding of
the said kirk.^
The counsell grants ane lend of the laich hous lyand in the Hie school [House hi High
'^ •^ School yard.]
yaird laitlie possest be umquhile M'' Aiex^ Hendersone to [Jean] Bonar
relict of umquhile William Bennet ane of the ministeris of this brugh and
that for ane yeir allanerUe . . . And ordaines CTCorge Jollie thesaurer of
the Colledge to resave the keyis from the present possessouris of the said
haill lodging and to put M'' Johne Sharji professor of divinity in possessioun
of the liigh hous thauof. . . .
[The accounts of John Ronnald, treasurer to the church at the Castlehill, [Church in
and collector of the merk per tun and pack of goods, show a charge of 4,818" 0" 1'' •^''^'•''^''"'■)
and a discharge of 13,818i' 0^ 1''] swa that his dischairge exceids his chairge
in the soume of nyne thowsand piuidis Quhich soume the counsell being
most wilhng with all convenient diligence sould be payit to the said Jo"
and withall considering that the said merk upon the tun and pack of goodis
foirsaid is allocat and destinat for bigging of the said kirk and uther pious
workis within this brugh ^ Thairfoir the Provest liaillies counsell and deakens
of craftis hes hypothecatt and hypothecatts the said merk upon the tun
and pack of goods to the said Jo" Ronnald ay and quhill he be compleitlie
payit and satisfied of the said soume . . . [Tlie three previous acts authorising
him to borrow various sums of money are deleted with John Ronnald's consent.]
1 See A.P.S. vi. ( 1) pp. 700-3. The montlily payment recjuired from Edinburgh was 41671'.
It was stated that no exemption was to be granted, except for burnt and wasted lands, and
such as were mortified to colleges, schools, ministers, etc., but that all other heritors and
others were to be liable. This clause of the act was the one upon which the Council founded
for the inclusion of the College of Justice and other persons not traders, previously exempt
from burghal taxation.
' See p. 23 supra. ' See pp. 56-8, 105 supra.
112 EXTRACTS FROM THE RECORDS
16th March 1647.
[M'' John Smj'th is nominated one of the Town ministers.]
17th March 1647.
[George Childeris, saddler, is made burgess. The dean of gild is to advance
his dues.]
19th March 1647.
[House in Agi'lss to sett 111 tak and assedatioun to William Earle of Mortoun that
lodging belonging to the good Toun lyand in Kirkwall in Orkney all withm
the wallis togidder with the yau'dis without the saidis waUis for nynten
yeiris exceptand the housses of the said place without the north yett of
the same ... for payment of threttie thrie shiUingis four pennyes of yeirlie
tak dewtie. . . .
[Tack of Understanding that the taks of Sanct Pauls Wark ar outrun or neir the
Work.) " tyine of expyring ThairfoLr they ordained George Suittie dean of gild
Sir Jo" Smyth old Provest and James Fentoun deaken of the tailyeouris
to meitt and confer with Thomas Leishman and Robert Trotter taksmen
of the said warke to understand of them the present conditioma thaii'of ^
Who being conve3mit togidder the said taksmen confest the resait of ane
thowsand pundis sterling dotted be umquhile M'' Ro* Jo°stoun towards
imployment upon manufactories ^ the quliilk soume be the said contract
the saidis taksmen ar obleist to refoimd and pay bak agane to the Provest
baiUies and counsel! at the ishe and expyring of the said tak as lykwayis
the said taksmen be the said contract ar obleist to pay four pundis money
foirsaid for ilk hundreth pmidis of the said j^rincipall soume yeirlie dureing
the tyme of the said tak onhe to be imployed upon the interteinment and
clothing of the poor children trained and broght up in the said wark As
lykwayis the said Provest baillies and counsel! ar bund be tlie said contract
to furneische to the said taksmen imdertaiceris of the said wark the number
of thrie scoir ciiildren i!!-: twa yeiris and at t!ie ishe tliairof a!s many the
second twa yeiris as also the counsell is obleist to the taksmen to caus the
tliesaurer of t!ie Idrk sessiouns pay weikUe to them dureing tlie Iiaill tyme
of t!ie tak ten pundis ilk weik Lykwayis to pay to tliem dureing all the yeiris
of the tak the amiuekent of the principal! soumes mortified and dotted
be the benefactoris of Sanct Pauls Wark and farder ar obleist to give them
possessioun of ane laiclie booth in the Tolbuitli worth ane hunch'etli merkis
yeii'lie quhilli haill prejudices being given in in ane compt be the saidis
taksmen amounts to seven thowsand merkis and above And the saidis
taksmen being earnestlie soHcite and delt with concerning the saidis
1 See p. 30 supra. ^ See Extracts, 1626-41, pp. 232, 251, 252.
OF THE BURGH OF EDINBURGH 113
prejudices that they sould not mak any advantage or benefite thairof to
the detriment and liinderance of the stocks of the said work Thairfoir the
saidis taksnien and thair cautioneris takeing the same unto theii- considera-
tioun hes friehe and of than- awin motive w-ill and accord and to the effect
it sould appear in tyme comeing then- affectioun and goodwill to the
advancement of the weill and commoditie of the said wark hes friehe quatt
and foirgiven anything they have lost or sustenit prejudice throw the not
performeing of the foirsaid conditiouns to them and ar content to refound
and repay to the Provest bailhes and counsell the haill fou-said soume of
stock being ane thowsand pund sterhng at Witsonday nixtocum i™ vi^
fourtie seven yekis and for the profite thairof being four pundis of ilk
hundi-eth yeirhe they declau-ed they had fulhe payit and debursit the same
yeirHe to the poor cliildren of the said wark upon their maintenance and
clothing with the quhilk obleisment of repajing the said stock being ane
thowsand pund sterhng at Witsunday nixt i^ vi'^ fourtie seven yeuis the
counsell ar content to accept and to discharge them thairof eftir payment
of the same and for the yeirhe dewtie of fom- for the hundreth inrespect
the taksmen did trewlie and reaUie pay the same conforme to the meanuig
of the said contract towards the maintenance and clothing of the said poor
chUdren Thairfoir the counsell hes dischairgit them thairof for evir and
becaus of the saidis taksmens frie offer to pas from all skaith and prejudice
they have sustenit throw the counsehs not performeing to them of the
obleisment abonewrittm Thairfok the counsell all m ane voice to gratifie
them in some measure and at then- requeist hes ordained George Wauchope
thesaurer to Sanct Pauls Wark to pay to WiUiam Nisbet thair servitour
in the said wark (whom they broght from Dunce to the said wark who
hes lost be Ms change and throw the calamities of the j^eir i"° vi*^ foiu'tie
fyve being forced to flie with threttie sex persones m companie and under
suspicioun of the plague his haill meanes and estaitt) twa yeiris amiuehent
of the principaU soumes adebtit be the good Toun to Sanct Pauls wark
for the benefactoris money quliilk extends to the soume of sex hundreth
fotu" scoir thretten pundis sex shilhngis eight pennyes. . . .
2ith March 1647.
Forsameikle as upon the twelff day of Marche instant the counsell [House in High
-w. 1. ^ f' 1 •! -\r TT-'-iT T-> ^ Sciiool Yard.]
haveing grauntit to [Jean] Bonar relict of umqulule Mr VViiham Uennet
a lend of the laiche hows of that lodging lyand in the Hie schooU yaird
laitUe possesst be umquhile M'' Alex'' Hendersone . . . and in consideratiomi
thairof ordained Ro* Fleyming ... to speik with her heiranent she seimed
to be alsweiU content ^\^th the soume of twa hundreth merkis for pajonent
H
114
EXTRACTS FROM THE RECORDS
of her yeiris niaill as the possessioun of the said hows As also the Counsell
considering that the said lodging perteynit and belongs to the Colledge
and is onlie destinat and appoyntit for the Rector and Professor thairof
for ane habitatioun and not alltogether at the counselhs dispositioun
Thairfoir they ordaine the said act in swa far as concernes the len of tlie said
hows ... to be delett . . . and instead thairof appoyntis unto her the
said soume of twa hundi'eth merkis. . . .^
[Summons to
minister.]
[Horning for
arrears of
taxes.]
Anent the ira-
positiouu of the
montlilic main-
tenance.
2&th March 1647.
Appoyntis . . . twa of the counsell to goe to Brunt Hand to M'' Jo"
Smyth minister there who is chosen be tlie Counsell to be ane of tlie good
Touns mimsteris in the Colledge churche with the summoundis of the
Committie of Estaitts for imbraceing the said calling.^
[The eleven common mills are to be repaired.]
Ordaines tlie old baillics who lies letteres of horning for loane and taxt
agains any of the nighboui-is to cans charge any who is dew tlieir particular
taxatioun . . . and to caus execute the saidis letteres to the full incaice of
their refusall. . . .
2nd April 1647.
[The Council and deacons, ordinary and extraordinary being convened]
Forsameiklo as be actis of Parliament eftirmentionat there is imjiosed upon
the brugh of Edinburgh South and North Leith Canogait and Pleasance
upon all heretoris within the saidis boundis the soume of five tliowsand ane
liundreth seventie fyve pundis for the intertaining of fyve hunder seventie
fy^e souldiers per mensem viz. be ane act of Parliament maid at Edinbm'gh
the [ ] day of [ ] i™ vi*^ fourtie fyve yeiris the saids Estaitts tlien
conveind appoynted sex monethis maintenance to be laid upon this wlioll
kingdome ^ and to begin the first of Marche i™ vi'^ fourtie fyve As also the
Estaitts of Parliament in the Parhament halden at Perth in the moneth of
JuUi thaireftir did add tlu'ie monthis maintenance to be levied of this
kingdome * As lykwayis the Parhament holden at Sanct Androis did
appoynt eight monetliis more maintenance and to begin the first of December
jm vie fourtie fyve quhilk is in haill seventen monethis ^ And in consideratioun
' See p. 1 1 1 supra.
2 Seep. ll'Zsupra. The matter was brougtit before tlie Cominission of the General Assembly
on 18th March, when his transportation to the College Kirk was desired. It was postponed
from meeting to meeting, referred on 8th July to the General Assembly and presmnably
sanctioned by them (Proceedings, i., pp. 225, 281).
' See A.P.S. vi. (1), p. 351, 27th February 1645, ordering that each shire and burgh should
support a proportion of the army, also p. 357 ordering the money to be collected in March.
* See " Act anent the prorogating of the act of mentcnanee " (Ibid., p. 459).
^ See act of maintenance, 27th January 1645 (Ibid., p. 540).
OF THE BURGH OF EDINBURGH 115
of the heavie visitatioun quhich fell owt in this brugh in the said yeir of
God i™ vi^ foiirtie fyve yeiris the Committee of Estaitts haveing power
from the lait Parliament be their act the threttie ane of Marche last hberat
this brugh of nyne monethis maintenance and lies ordained them to mak
payment of fom' monethis maintenance within fyften dayis eftir the dait
of the said act Lykas the good Toun did advance the soiinie of twentie
thowsand seven hundreth pundis wes borrowed upon interes in the said
moneth of Marche i"* vi° fourtie fyve ^ And considering that the samen
cannot be gotten in tiU the terme of Lambes nixt at soonest have added
for twa yeiris and ane half annueh'ent thah-of the somne of four thowsand
ane hundreth and threttie pundis swa tlie said annuelrent and the foirsaid
eight months maintenance amounts to the soume of fourtie fyve thowsand
iyve hundreth tlirettie pundis And siklyk in the moneth of [ ] last-
bipast the Estaitts of Parliament halden at this brugh laid on nyne monethis
maintenance upon tliis kingdome beginand the tent of Januar last and
ending the tent of October nixt quhilk will amount to the soume of fourtie
sex thowsand fyve hunch-eth seventie fyve pundis to quhich twa soumes
is to be addit the soume of sex thowsand jounds for supplieing the defectis
in ingathering thairof Quiiilkis tlirie soumes extendis in the haill to the
soume of fourscou- eighten thowsand ane huncketh and fyve pundis Thairfoir
all the saidis persones ar to be extentit for the said soume viz. the toun
of South Leith for maintenance of fourscoir souldiers for the monethis
abonewi'ittin witli their proportional pairt of the said soume allowed for
ingathering thairof and their pairt of the foirsaid annuelrent extending to
the soume of tliretten thowsand sex hundreth fom'tie fyve pundis sex
shillings eight pennyes As also tlie Canogait North Leith and Pleasance
for eightie souldiers for the monethis abonewTitten mth tlieir jiroportionall
pairt of the said soume allowed for ingathering thairof and annuelrent of
the said soume extending to the soume of uther tliretten thowsand sex
hunch-eth fom-tie fyve pinidis sex shillingis eight pennyes Qidulk twa soumes
for South Leyth Canogait North Leitli and Pleasance extending both to
tlie soume of twentie seven thowsand twa hundreth fourscoir ten pundis
tlu'etten shiUingis four pennyes being deduced aff the haill soume of four
scoir eighten thowsand ane hundreth fyve pund the Toun of EcUnbrughis
pairt will extend to thriescoir ten thowsand eight hundreth fyve pundis
seven shiUingis eight pennyes Thairfoir ordaines the extentoris of this
brugh to extent the heretoris of the landis within the samen nighbouris
and traffiquers thairof promiscuouslie for the said soume quhairanent thir
presentis sail be their warrand and the extentoris chosen for South Leyth
and the extentoris for Canogait and North Leith for the several! soumes
abone exprest.
» See pp. 64, 66.
116 EXTRACTS FROM THE RECORDS
t9?ri°"'^ ™»p Ordaines the thesaurer ... to resave from M"" James Gordoun minister
of Edinburgh.]
at Rothemay the draught of the Toun done be him at command of the
counsel! and ordaines the said thesaurer to pay to him for his paines and
travellis in drawing of the said draught the soume of fyve hundreth
merkis. . . .
8th April 1647.
[Discharge of a The right honorable my Lord Marqueis of Argyll haveing sent in to the
maintenance.] Lord Provest baillies and remanent counsell to be by them considered ane
act of the Committie of Estaitts daitted the tlii'ettie ane day of Marche
lastbipast quliairof the tenoiu- followis in thes words Edinburgh trigesimo
primo Martii 1647 The Committee of Estaittis haveing at lenth heard the
Provest and some of the Toun of Echnburgh anent the payment of their
bygane maintenance and haveing also sein ane act of the Committee of
Proces and money of the first of Marche instant apiDoynting the remainder
of quhat is dew to Lieutennent General David Leshe of the gratuitie grauntit
to him for his service at PhUiphaugh to be payit owt of that maintenance
and finding that of the maintenance laid on the kingdome in the severall
sessiouns of Parhament at Edinburgh Pearth and St Androis in anno i™ vi^
fourtie fyve there will be at least thretten monethis dew of the proportioun
payable be the Toun of Edinburgh they doe inregaird of the present necessitie
tliis kingdome lies of money for dispatche of some pubhct bussines ordaine
the Provest baillies and counsell of the Toun to pay and deliver to the
General Commissarie and his deputtis the soume of fyften thowsand fyve
hundreth twentie twa pundis Scottis being the just proportioun of thrie
monethis maintenance of the thretten dew be them and that within fyften
dayis under the paine of horning . . . And inregaird of the hard conditioun
the Toun of Edinburgh wes in be the seiknes and utherwayes tliis last yeir
quhen a pairt of the maintenance wes dew the Committee declars that
the said soume [ ] being payit they will cUscharge lykas upon payment
thairof then as now they doe discharge to the Toun of Edinburgh the
payment of nyne monethis of the remaining ten monethis and that for the
monethis of Junii Julii August September October November and December
{m vie fourtie fyve and Januar and Februar i™ vi^ fourtie sex yeiris dureing
which tyme the publict judicatories did not sitt in the Toun and for the
last tent moneth the Committee suspends the payment thairof till the Lord
Humbie be heard for his entres And doe declaii- that with the first convenience
they will tak in consideratioun the bill given in be the Toun of Edinburgh
to the Parhament anent their losses ^ and doe quhat in them lyes to give
* A.P.S. vi. (1) p. 811, gave the Town's losses and remitted tliem to the Committee of
Estates. The question of maintenance for seventeen months was remitted to the same
authority. Tliis act is in their Proceedings (MSS., Reg. Ho.).
OF THE BURGH OF EDINBURGH 117
them all dew satisfactioun. The said Provest baiUies counsell and deakens
of oraftis haveing considered tlie said act of the Committee of Estaitts
ordaines ane band and obligatioun of tlie said soume of fyften tiiowsand
fyve huncketh twentie and twa pundis to be given to tlie said Lieut. Generall
David Leslie his aires and excutores for payment thairof at the feast of
Michaelmas nixt. . . .
9th April 1647.
Appoyntis M"" George Halybm-toun servitour to the Earle of Lanark [commissariot
to be Commissar of the Commissariat of Orkney . . . who compeirand
. . . obleidged liimselff to mak liis residence in Orkney and dischairge his
place in his owen persone. . . .
[A committee is to meet with] thes appoynted be the sex sessiouns and [Precentors.]
confer with them anent the provisioun to the severall precentoris. . . .
Unlawis Francis Garhck servitor to M'' W^ Gessom EngUshman and [Uiifrcc
Alderman of Coventrie in the soume of ten pundis sterhng for selling certane
wadd to severall persones before he maid any offer thairof to the Toun. . . .
I2th April 1647.
[The Council with some of the ministers and professors] being conveynit Crrtane actis
ronppniiiis
within the bibhotheck of King James his Colledge within this brugh It is the coiiedgc.
appoyntit that a fair and spacious table be maid conteining the names of
the benefactoiuris of the Colledge and the particular gifts be them bestowed
And that a pubhct visitatioun be maid yeirhe about Hallowmes at quhich
tyme the said table is to be read over in audience of the Provest bailhes
counsell ministeris Rector and assessoris and the whole studentis and
scholleris of the Colledge.
Item it is ordained that if any regent sail be admitted to the service of tlie
Colledge from hence fiu-th and that his entrie sail be to the Batchellor or
IMagistrand yeir he sail be obhedged to continue till that classe be laureat
and also to enter to the nixt Bajane classe and to continue with the same
till they also be lam-eat So that the continuance of liis service in the Colledge
sail be at least fyve yeiris he entring to the Magistrands or sex yen-is if
he happen to enter with the Batchelloris And if he have desyre thaireftu-
to Ueve the Colledge upon any occasioun he sail be obUedged to make
thrie monethis i^remonitioun to the Counsell before Lambes so as he cannot
upon any termes leive his classe at any tyme of yeir bot at the end of the
yeir But if the regents entrie sail be at first to the Bajane or Semibajane
yeir he sail be onhe obhedged to laureat that classe and thaireftir according
to occasiouns to mak thrie monethis premonitioun preceiding Lambes onUe
as said is.
h2
118 EXTRACTS FROM THE RECORDS
Item it is agreid aiient the articles quliich wer remitted upon the sevent of
December i"" vi^ fourtie sex yeiris to be considered agains the mxt meitting
1. Tliat the declamatioims sail be maid in the privat schoollis.
2. That the prayeris at the dissolving of the scholleris be maid in privat
schoollis.
3. That in the play dayis the scholleris meitt at twa in the eftirnoone and
then be dismissed to play till fowre.
4. That at the Lam-eatioun circulatioun be used as in foi'mer tymes.
5. That a mulct or penaltie be taken at the discretiomi of the Primar and
regents from such scholleris as doe not retume from the vacance befoir
the fyften of October provychng they exceid not the soume of twa
shilling scottis for ilk day And from such as returnes not befoir the
first of November that they exceid not the soume of four shiUingis
for ilk day And illv biu'sar who doeth not retiu'ne before the said
fyften of October sail lose his bm-sarie.
6. That the weiklie meitting of the Regents in the hepdomadars chamber
for considering of the abuses of the jjreceiding weik togidder with
their best remedies sail be ilk Twysday betwix nyne and ten in the
morning. 1
Uth April 1647,
Farme of [The Council being assembled with certain wine merchants and vintners]
the excys . . . ^Y\q saidis Provest bailhes and counsell haveing proposed to the nighbouris
whither they thoght fitt that the Counsell sould tak in hand the farming
of the excys of the wynes for the publict use of the Towne or if they sould
rather let the excys be sett to any particular nighbour or stranger all in
ane consent did give their opinioun that it wes more fitt for the Provest
baillies and counsell to undertake the same for the benefite of the Towne
and that for their paLrt they would willinglie concurre obedienthe to doe
everie thing that wes fitt for them to doe.-
lUh April 1647.
[All wine merchants and vintners are to make a return of the wines sold
by them since March last and of their present stocks and deliver the same to the
treasurer for the excise at the common booth under the Tolbooth where the
excise formerly was collected.] ^
1 See Extracts, 1626-41, p. 51, and Appendix vi., p. 283, for the earlier college rules, to
which these are supplementary.
2 An act of 9th March laid down the excise leviable. An act of 16th March gave the
proclamation for farming the excise, granting power to the committee for the excise to agree
with any persons for that purpose (A.P.S. vi. (1), pp. 727, 750).
' See A.P.S. vi. (1), p. 727, giving excise payable on beer, wme and spirits.
OF THE BURGH OF EDINBURGH 119
22,rd April 1647.
[Archibald Sydserff and John Scott, goldsmith are appointed commissioners
to the 25articular convention of Burghs on the 27"' instant.]
Post meridiem.
[The Council and extraordinary deacons order the old bailies to pay D'' George
Rae's pension from 1st October last, being 600".]
Forsameikle as the Provest baiUies dean of aild thesaurer counsel] and Anent the
. - 1 1 1 r Toun.s buying
deakens of craftis ordinar and extraordinar haveing agried and boglit tra of the Kings
° , . . . ,. Wark in Leith.
Sir William Dick of Braid aU and haiU the boundis and biggingis commoniie . . .
named the Kings Wark ^ lyand in Sontli Leith bailliearie and liberties thairof
for payment to be maid to the said Sir William Dick of the soume of fourtie
fyve thowsand merkis quhich bargane is maid as ane Mertimes bargane
At the quhilk agriement the said Sir William desyred of the counsell tliat
they would tak to their consideratioun his great and many losses and that
they would deliver him up ane band graunted be him to the good Toun
contening the yeirlie payment of ten thowsand merkis for the spaice of
fyve yeiris dureing his tak of liis Majesties impost and customes quliilk
band conteins ane claus that if pest and warre be in the countrey dureing
that tyme tlie said Sir William is to be frie of paying of the saids soumes
and that in consideratioun of the said claus in his band he affirmeing that
of the saidis fyve yeiris thrie of them the countrey wes visited be the sword
and pestilence The quliiUv desyre the counsell taking to their consideratioun
they all found that of tlie saidis fyve yeiris there wes twa of them quhairin
the countrey wes visited with the sword and pestilence quhairby the said
Sir William is frie of the payment of thes twa yeiris deutie extending to
twentie thowsand merlds and William Trotter lait thesaurer and Jo" Bynnie
lait kirk thesaurer haveing resaved in pairt of the said band the soume of
eight thowsand merkis as be their severall discharges grauntit thaufoir
and produced be the said Sir- William doeth appeir And the good Toun
being now to pay to the said Sir WilUam for the land abonementionat as
is abone exprest the soume of fomtie fyve thowsand merkis the counsell
aUoweth the soume of twelff thowsand merkis in pairt of payment of the
said soume of foiu'tie fyve thowsand merkis owt of the said Sir WilHam
Dick his band dew to them and considering that the said soume of twelff
thowsand merkis and the eight thowsand merkis formerlie payit with the
defeasance of twentie thowsand merkis for the twa yeiris quhairin the pest
and warre wes in the countrey mak up the soume of fourtie thowsand
merkis And farder the counsell seriousUe considering the said Sir William
1 See Extracts, 1604-26, pp. 97, 150, 152 and Appendix xxiii., p. 376. The cliarters relating
to this transaction are in the City Archives.
120 EXTRACTS FROM THE RECORDS
Dick his great and heavie losses ^ and that he hes in former tjrtnes bein
ane stedable member of this Cittie and considering tlie said band grauntit
be him was ane voluntar deid for the good of this Cittie Thairfoir the
eounsell all in ane voice unanimouslie agried that the afoirmentionat band
be delivered up to the said Sir Wilham Dick to be cancelled destroyed and
used be him at his pleasure and acquyts him the soume of nyne thowsand
merkis quhilk compleits the said fyve yeiris payment of ten thowsand
merkis yeirhe being in all fyftie thowsand merkis and ordaines James
Rucheid to delyver to the said Sir William his said band and to resave
from the said Sir William the riglitis securities and dispositioun of the
saidis landis and for the corapleit pa5mient of the said Sir William Dick
for the saicUs landis ordaines James Alisone thesam-er of Heriots wark to
delyver to the said Sir WiUiam Dick his band of sevinten thowsand merkis
awand to the said hospitall and the Provest baiUies and eounsell to subscryve
ane new band to the said James Ahsone for the said seventen thowsand
merkis for the use of the said Hospitall as also ordaines Jo° Jossie lait
thesaurer of the Colledge to delyver to the said Sir Wilham Dick his band
of twentie thowsand merkis dew to the Colledge and that George JoUie
present thesaurer of the CoUedge tak ane new band from the said Sir WiUiam
Dick for the soume of foiu- thowsand merkis and the Provest baiUies and
eounsell to graunt a band to the said George Jolhe for the soume of sexten
thowsand merkis for the use of the Colledge quhilk is defalked to Sir William
Dick Quhilkis thrie sonnies viz twelff thowsand merkis allowed in liis band
of fyftie thowsand merkis and seventen thowsand merkis awand be liis
band to Heriotts hospitall with the allowance of sexten thowsand merkis
dew to the Colledge maketh up the compleit payment of fourtie fyve
thowsand merkis for the pryce of the saidis landis in Leith.
29th April 1647.
Anent the . . . Compcird Hew Hammiltoun and William Reid who with a competent
excysabie° number of honest nighbouris had conveind this morning with George
Suittie dean of gild and had debated all the best wayis quhairby to give
satisfactioun to the Committee and Town eounsell anent the payment of
the excys of all beir flesches and all sorts of merchandice excysable (wyne
and tobacco excepted) ^ And now in open eounsell tlie said Hew Hammiltomi
and William Reid in name of the rest of the nighbouris earnesthe did
supplicat the eounsell that no letteres of horning sould be raised agains
■ See pp. 13, 23, 26, 82 and 88 supra for some account of Sir William Dick's difficulties
at this time.
^ See p. 118 and note.
goods.
OF THE BURGH OF EDINBURGH 121
them till the tyme that the Committee of excys sould sitt quhich they
expected to be on Twysday nixt being bot a verie short tyme and that
then they would deal! with the Committee for taking some moderat com-s
specialhe that no oathis be from them exacted least it might occasioun
great perjurie and many uther prejudices And if they sould not happen
to agi'ie thairanent with the connnittee then and in that caice they did
offer and promeis for themselflhs and wer confident a good number of the
nighbouris conteind in the roll produced sould give in to the counsell ane
reall accompt of their excysable wares within the spaice of fourtie eight
houris thaireftu- Quliich propositioun the Provest baiUies and counsell
haveing weill considered they fand that they could not desist from useing
diligence for their owen exoneratioun and thairfoir ordained letteres of
horning to be in the interim raised and as the counsell sail find most expecUent
that the same sail be put to executioun.
I2th May 1647.
[A committee is appointed to meet] upon the effaires of Fraunce.
•2lst May 1647.
[The accounts of George Jolhe, last kirk treasurer, show a charge of 25,737" 18^
and a discharge of 23,650" 10^ 2''. He deUvered the balance, being 1,797" 7" 10'^
to John Mackmorane, present kirk treasurer.]
•im May 1647.
The counsell agries and consentis that there be borrowed upon interes [Borromng
the soume of ten thowsand j^undis for payment of ane pairt of the monethlie maintenance.]
maintenance dew be the good Towne to the General! Commissar to accompt
and ordaines the Provest and baillies with then- clerk to subscryve a band
for the same to Sir James M^Gill of Cranstoun Riddall ane of the Senatom-is
of the Colledge of Justice. ^
28th May 1647.
[Tack to the tacksmen of the Khig's customs and excise of] ane pairte of [Tack of
the land laitlie bought from Sh- Williame Dick called the Kinges worke in for excise.)
Leith viz. that great lodging high and laich a pau't quhairof is presenthe
occupyet be Hew Shand with tlie sellers beneath the same and that uther
great lodging witliin the clos with the bak gah-ie and four selleres under
the same with the court and great yaird which wes the gardine with thrie
1 Marginal note : 3rd December 1662. This act delett in respect of new suretie given
14th February 1662.
122 EXTRACTS FROM THE RECORDS
timber sellers upone the bak syd of the Catchpell ane great old seller unde
the eist end of Gilbert Hunters dwelling hows togidder with the eist yaird
sometimes possest be William Downie and four great voultis upon the shoir
[for seven years from Whitsunday 1647 for 1,600 merks a year].
[Tack of the Taking to consideratioune the report maid by the bailUes Edward
mne.° Edgar and Johne Jossie James Rucheid and Robert Meiklejohne and
finding that James Stewart had not given such satisfactioune as justhe
was expected fand necessar without delay for thair awne exoneratioun to
command the dark to insert in the counsell booke the act formarhe drawen
up concerning there proceidinges in fermeing of the excyse for the Townis
behove the bulking of the quhilk upone the said James his desyre had
beine delayed and quhakof the tennor followes At Edinburgh the first
day of Appryll i™ vi^ fourtie seven yearis ^ The qululk day the Provest
baillies and counsell considering that they in the nioneth of Marche last-
bypast intrustit and gave verball commissioun to James Stewart late bailUe
to take in farme frome the lordis and utheris of the Committee of Excyse
the particular excys of all excysable goodis within this brugh for the space
conteind in the lait act of Parhament at the lowest and chaipest pryce
he possiblie could quhairby both the nighboures of the Towne might be
fred from the danger or oppressiovm of strangeris if the samyne sovdd fall
in any particullar mans hand and the benefite that sould accres be the
said farmeing might be imployed for releife of the commone burdens of
the Towne 2iro fanto and that the said James on Saterday the [ ] day
of Apryll instant maid report to the Counsell that the Committee would
not sett the excyses of the Towne be themselves bot be way of divisioun
had resolved to set in ane bargane the excys of the whole wyne in Scotland
and in ane uther bargane aither to set in farme or appoynt collectores for
the excys of aill and beir fleshes and all uther excyseable goodis within
the brugh of Edinburgh hberties and pendicles thairof (Tobacco onhe
excepted which alreadie was set in farme with the rest of the tobacco in
the kingdome) And lykwayis that the said James maid report that the
GeneraU Commissare had maid ane offer of ane hundi-eth thousand merkis
for the excyse of the haiU wynes of the kingdome and that he conceaving
the same might be prejudiciall to the guid Towne had made ane reall offer
of fourscoir fjrftene thousand merlus for the same Which if the counseU
were pleased for the behove of the towne he sould end the bargane for
their use if not he would take the hazard in his awin hand and turne it to
the behove of uthers liis freinds And becaus aU those of the Coiuisell could
not upone the sudden be alyk resolute in a bargane of so great consequence
* Marginal note : 17th July 1647. Delett at command of the Coimsell and in their owen
presence.
OF THE BURGH OF EDINBURGH 123
it was umtuallie condiscendit upone that they sould have till Weddensday
nixt thairefter being the nixt Counsell day to returne to the said James
Stewart ane jjositive answer yea or no and that thaii-uj^one the Gounsell
both for satisfactioune of thair nighboures and the better enabling of
themselvis did upone Twesday inmiediatlie thairefter convene a considerable
number of the wyne merchands and vintneris and procured their approba-
tioun to tak the said excys of the wynes in thair awine handis for the publict
behoofe of the towne rather thane it sould fall in the handis of any particular
man quhatsumever and that upon Wednsday the bussines wes proposed to
James Stewart quho alledgit that now res non erit Integra and that he
had takin the delay on Saturday for a desertioun of him so that he wes
forced that day to conclude the bargane with the Committee of Excys for
the use of uther freindes and pairtneris and had put in the commissioun
the names of Robert Lockhart as principall and WiUiam Levingstoun as
cautioner and yet for guid of the towne he would be content to cans Robert
Lockhart be comptable to the towne for the twa thrid pairtes thairof they
allowing to him his deputtis and servandis the fies allowit be act of Parliament
for collectioun of the excys ujDone the quhilk propositioun severalls of the
Counsell thinking the caice farre changed from quhat was promised be him
and expected be theme there are [ ] debait quhich continwed most
pairt of that day yesterday and this day At lenth this medium wes
unanimouslie condiscendit on be the counsell to be proposed to the said
James Stewart which if he sould refus they would not farder ingadge in
the bussines viz. that the said Robert Lockhart in whois name the com-
missioun of excys presentlie standis sail denude himself of the tak in favoures
of the guid Towne quhich done the Counsell saU give unto him ane new
commissioun from theme for collectioun thau'of and sail appoynt some of
there awine number who with James Stewart sail have commissioun for
ordering and regulatting the haill bussines and for nominatioun of the
haill servandis with a latitude to thame at there discretioune to allow
quhat fies and recompances they sail think fitt for the collectouris servandis
and utheris As also the Counsell sail give assurance to the said Robert
Lockhart or any uther quhom the said James Stewart sail nominat of a
fourt pau't of the profit of the said bargane he or they bearing a hazard
of the foiurt paiit of the losse Quhich propositioun or medium being read
in pubUct and j^roposed to the said James Stewart he deliberathe did give
his answer that he would not accept thairof nor adJiere thairto inregaird
the same wes not ansuerable to his particular ingadgementis to freindes
upone thair refusall or not tymous undertaking of the said bussines and
that unles the Counsell would accept the bargane in the termes he had
proposed viz. tha Robert Lockhart sould be still taxsman his name being
124
EXTRACTS FROM THE RECORDS
alreadie in the tak but sould be comptable for the thrie fourt paktes of the
benefite for the use of the good to^^^le Secondhe that the said James sould
have the sole nominatioun of tlie subcollectores and servantis and tlu-idhe
that the said Robert Lockhart and his servandis sould have the fuU allowance
of fies exprest in the act of Parliament quhich is ten of ilk hundreth he
would not suffer Robert Lockhart to quyte his said tak but that he would
keip the same upone his awine hazard for the use of liimself and his servandis
Quhich answer many of the Counsel! taking verie hard and esteming the
towne wronged thairintill they resolve to insist no longer upone the bussines
bott to leive the said James Stewart thahin to himself and ordained ane
act to be maid heiron and the proceiding carriage of the bussines to be
recorded in the buikes of Counsell.
[Pestilence at
Dunblane.]
[Payment to
Col. Affleck.]
[Provisions
for Castle.]
Caldtoun
Ryott.
2nd June 1647.
Ordaines a proclamatioun to goe through the towne . . . that no
merchand or inhabitant takes upone theme to repaire to the faire of
Dumblane be reasone the pleague of pestilence is informed to be raging
at the pleasour of God in thes quarteres at this tyme quhairby the saftie
of this brugh may be greatlie indangered. . . .
Ordaines the bailyies to borrow from the deane of gild the sowme of
sex hundreth merkis for payment of heutenant Collonell Afflek the areires
dew to him. . . .
Ordaines [four members of council] to meitt and compt with the Constable
of the casteU anent the meill and uther furnishing put in the castle in the
tyme of the visitatioun.
4th June 1647.
[The accounts of the church at the Tron show a charge of 6,965" 8^ and a
discharge of 7,598" 16^ 9'^ The treasurer to the buUding is to be repaid from
the first money received for that church.
James EilUes, water baihe, is appointed bailie of the King's Work.]
Taking to their consideratioun the bill of complaint given in befoir
theme this day be David Sinclair smytli Andro Gibsone baxter William
Drummond dagmaker John Lennos dagmaker indueUares in the Caldtoune
for themselvis and in name and behalfe of the remanent there neighboures
inhabitantis there Makand mentione that quhair these thrie severall dayes
bygane for quhat caus they know not a numerous multitude of prenteisis
and journey men have come to thair houses in Caldtoun with swords
battounes and utheris wappones offensive and wounded to the death George
Watt weiver the said William Drummond Alex'' Gray cordinar James
Miller tailyeor and certane uther neighboiues have turd there houses
OF THE BURGH OF EDINBURGH 125
broken up thair doores and winddowes have plundered and robed thame
of thair plenishing and committed uther insolencies and outrages and to
consumat their uther intentiounes and such like Desiring the saids Provest
and baiUies to take consideratioun of the foirsaid complaint and to enqujre
in the causes and authoris as the said bill mair fullie beires Quhairupone
the saids Provest baiUies and counsell thought it fitt and expedient for the
better tryall of the bussines first to examine all the memberes of the said
counsell if any of thame knew any of the persones compleind upone or had
any hand in the said ryott qulio all being (upone thair aithes) ane eftir
another examined deponed they knew not any of those persones quho
they were SeconcUie ordained the whole deakones of craftis ordinar and
extraordinar to convein thair awin craftis and to take tryell if any of thair
prentisis or journeymen were there of that companie and to report Thridlie
haveing sent for the baillies of the Canogait compeird Alex'' Peiris and
declaired that according to the ordour of the provest and baillies he had
yesterday conveind a great number of the cheife neighbom-es and ordained
the number of fourtie to be at or neir Williame Forresteres hous and if any
tumult were to supjares it and to advertise him but that he had no report
till this morning quhau'upone the counsell ordained the said baillie to have
in reddines a compleitt companie in amies this night for suppressing any
such futiu-e ryott or disordour least any such sail happin till further ordour
be takin as also that the said baillie sould caws the deakenes of thair craftis
convem and try if any of thaii- prentisis or jurneynien were compairtineris
of the ryott and to report to him.
Forsameikill as umquhill Johne Trotter merchand of this brugh be his [Legacy to
St Paul's
letter will and testament did ordaine and appoynt his sone Johne Trotter work.)
to imploy and bestow the soume of four thowsand merkis conteind in ane
obHgatioun maid to him be Johne Earle of Marre and his cautioneris upon
sufficient securitie of land or annueh-ent be advyse of the Provest baiUies
and counsell of Edinburgh for right and securitie of the annuelrent thairof
to be payit to Robert Trotter his sone for intertaining and bringing up of
poor children in manufactories of woll or hnt in his hospitall or warehous
to be keipit ather in Edinburgh or Leith ^ and did nominat and appoynt
the thane Provest and baiUies and counsell of Edinbiu-gh and thair
successores to be oversieres of the imployment of the said rent on the said
poore children and the said Robert Trotter haveing this day supphcatt
the Counsell that seing the afoirsaid principall soume of four thowsand
merkis is in the Counselhs awine handis that the rent thairof may be pnyit
yearlie to him for the use foirsaid the quliilk the said Robert did the mair
earnesthe sute that the intentioun of his umquhill father might be performed
' See p. 20 supra.
126
EXTRACTS FROM THE RECORDS
in the setting up the said manufactorie in his umquhill fatheris name and
the Provest baillies and Counsel! finding that the said Robert Trotter and
his brother Johne Trotter did upone the twentie tlurid day of December
jm vie fourtie twa yearis frelie of thair awine consentis put the disposal! of
(for the use foirsaid) the rent of the said sowme in the power of the Counsel!
of this brugh to be imployed in Saint Pauls Work as in the said act at mair
lenth is conteind And in consider atioun heirof the Counsel! doeth the mair
wilhnghe agrie that the rent of the said fom thousand merkis be tearmhe
payit to the said Robert Trotter to be imployed for the training up of
poore children as heii-efter is exprest And for the better advancement of
manufactorie the said Robert further doeth supUcatt that the houses at
Bonning-towne appoyntit for manufactorie might be set in take to Iiim
with ane htle peice of the haugh at the west end of the said hous being ane
hundreth and ten elnes of lenth and nynteine ehies in bread at the eist end
to be by himself on his awine changes enclosed for drying of his woll and
uther uses The quhilk desyre the Counsel! haveing taken to thair serious
consideratioun have unanimuslie agried to set in take to the said Robert
Trotter his aires and assignayes the foirsaid hous at Bonningtowne with
the foirsaid peice of the haugh for the space of twentie ane yeirs the said
Robert and his successores being obleidged for the accustomed use of that
pant of the hous for the taksmen of Pauls Work for stowring of thair sayes
at such tymes as they sal! have occasioun and that the said Robert and his
successoris sal! maintein the said hous and leiv the samen windtiglit and
watertight at the tjrme of the expyring of the said tak And ordaines the
annuelrent of the foirsaid sowme of four thousand merkis now in tlie towns
hand to be termhe payit to the said Robert Trotter and his foirsaids the said
Robert obleidging liimself to mainteine and upbring eight poore children to
be put to his work be the Coimsel! and to niak yearlie ane accompt to the guid
towne of the imployment of the said annuelrent upon the said children. . . .
Grantis testimoniaU ... in favoures of W™ Lorimer and George
Peacok merchand burgesis of this brugh testifing that the goode shipp
caUit the Alexander of Borrowstounes quhairof umquhill Richard Dawling
wes master wes takin upone the nynt day of May last betwixt five and sex
houres of the morning be Captane Corrieluis hilt master of ane Irish frigot
belonging to Wexfoord in Irland and that the hail! goodis and sliipp was
taken be him m prys and tliat in regaird the samyne is notourlie knowen
and alreadie proven to the counsel!. . . .
nth June 1647.
[Manslaughter.] Electis and nomiuatis WUham Thomsone to be commissioner for tliame
to his Majestie anent the ryott and slaughter committed be Williame Scott
[Testimoniai,
captured sliip.
OF THE BURGH OF EDINBURGH 127
against Johne Craw ane of the guard he being on the watch and to deall
with his Majestie either for staying ane remitt to the said Wilhame and if
it be past befoir his coming to desire his Majestie in respect tlie said Johne
was killed in the townes service and so may exasperat the nighboures that
non wiU repair to the townes watcii that he would recall or stay the said
remitt that justice may take place and the land and towne purged of inocent
blood. . . .
Uth June 1647.
Compeird my lord Earle of Balcleugh and presented ane act of his [Manslaughter]
Majesties Privie Counsell quhau'of the tennour folio was Ajnid Edinburgh
decimo quinto Junii 1647 Forsamekill as the Kinges majestie lies beine
pleased be a signatour under his royaU hand of the dait at Newmarket the
tueLf day of Junii instant to grant a remissione to W™ »Scot sone to Ro'
Scot of Hart Woocbnyre for the slaughter of umquhill Johne Craw induellar
in Edinburgh Thairfou* the lordis of his Majesties Privie Counsell dischau'geth
the Provest and bailhes of Edinburgh and all utliers whome it eff'aires for
putting the sentence of death to executione against the said Williame Scot
Lykas James Wiiu"ahame of Woirstoune being personaUie present acted
and obUdged himself as cautioner for the said W"" Scot that he sail give
assythment and satisfactione to the narrest of kin of the said umquhill
Johne Craw and procure a letter of slaines from thanie or if they sail refuisse
to accept that he sail give such satisfactione and assythment as the Counsell
of Exchequer sail appoynt and that betwixt and this day moneth. . . .
22,rd June 1647.
[Archibald Tod, Provost, Archibald SydserfiF and Robert Meiklejolme are
appointed commissioners to the convention of Burghs in the Town.]
2?ifZ July 1647.
Forsamekill as than- being certane shijis appoyntit for convojdng of convoy
the merchand ships and it being reported be Archibald Sydserff that thair "'""'■
was certane ships going to the eist in the read and that thair was some
utheris going to Flanderes and he thairfou- requyred the Counsells advyse
which of thame sould be preferit The counsell considering that those ships
that are bound to the eist are readie and the uther not as yet reacUe thairfoir
thair advyse is that the schips bound to the eist sould be prefferit in respect
the convoy may returne to thame to convoy those bound to the south.
[The Town being due one montli of the first .seventeen months maintenance,
the Committee has assigned the same to Lord Humbie. Bond is given to him
for payment at Michaelmas of 5,175''.]
128
EXTRACTS FROM THE RECORDS
nth July 1647.
[Ministers.] The quhilk day the provest baillies Counsell and deakones of craftis . . .
did condischend on the names of the ministeres following as to be presented
be the counsell to be ministers of this brugh and for that effect having
conveind befoire them M^ Andi'o Ramsay M"" Williame Colein M'' Johne
Oswald M'' Robert Dowglas M'' Mungo Law and M'" Robert LawTie ministers
with so many of the sex sessiounes as did ujjone thair wairning compeir
the said provest . . . did intimate to the saids ministeres and sessiones
that they were to present unto the presbritie M^' James Hamiltoune ^
M"" Wilhame Straquhan and M'' Wilhame Rait and M"" Johne Annand to
be ministeres and requyred the particullar oppiniones of the haill ministerie
and neighboures concerning the said presentatione Cjuho all except verie
few did most wiUinglie condesend to thes four men abonenamed to be
presented to the presbritie to be elected ministeres of this brugh.
Uth July 1647.
[North Leith is to be extented for twenty-nine men, being their proportion
of the monthly mamtenance.
The kirk treasurer's accounts for the year from January 1645 show a charge
of 26,160" 1 P 10" and a discharge of 20,727" 6= 8". The balance of 5,433" 5" 10"
is to be paid by him to the present treasurer.
Commissioners are to be sent to the presbyteries of Brechm, Aberdeen,
Inverness and Dumfries to arrange the transfer of the four ministers elected.]
[Unfreemen
and
merciiandise.]
16<A July 1647.
Understanding that the frie burgessis of tliis brugh are heavihe prejudged
and damnified be ane numljer of unfrie jjersones who . . . doe daihe and
hourlie afif the marcat day tak occasioun without controlment to vent and
sell sindrie sort of merchandice such as webs of hning and wollen cloth
plaids and such hke quhilk aught to be sold be the frie biu'gessis themselves
and sicklyk the saids unfrie persones upone the mercat dayis quhen
they ar keiping there standis in the mercat place lies thair wyfis bairnes
and servanda goeing throw all the streits and vennells of this brugh to
privat housis and selhng thair webs plaids and such hke merchandice.
[Proclamation is to be made forbidding these practices under pam of confiscation
of the goods and further punishment.]
' See p. 94 supra. He was admitted on 26th November. Second minister of Old or Mid
Chiirch (Cameron Lees, History of St Oiles, p. 284). The call to the other three was not
sustained.
OF THE BURGH OF EDINBURGH 129
2lst July 1647.
[A particular convention of burghs is siuumonedl and that for treating [Burgiis and
anent such thinges as may be incident befoii- the Committee of Estaites Estates.]
appoyntit to be at this brugh the 2 of August nixt As also anent the staple
port of Campheir as also for ane answer to be sent to the burrowes be the
Towne and anent the factores residing there. . . .
Ordaines proclamatioun be sound of drum to pas throw this brugh and Prociamatioun
liberties thairof at the desire of David Pebles merchand to invite such
sort of persones men and women as he can agrie with upon guid conditiones
to goe with him over to Virginia and make ane plantatioun thair. . . .
22,rd July 1647.
[M^ Andrew Ramsay is appointed commissioner for the College to the General
Assembly on 4tli August.]
30</i July 1647.
[George Suittie and Robert Meiklejohne are appointed commissioners to the
convention of burghs.
James Rucheid and David Douglas are appointed commissioners to the
General Assembly.]
Zrd August 1647.
Forsamekill as the Provest bailhes and counsel! eftir long and mature [Collectors
1-11/-^ appointed for
deliberatioun finds the great and heavie prejudice which the Commoune extents.)
good of tliis brugh hath from tyme to tyme susteind tlirow the not thankfull
payment of the extentis be severall nighboures quhairby great sowmes of
money are fund to be yet restand awand unpayit . . . Quhilk lose and
prejudice is specialhe occasioned be the heavie troubles which have continued
thes yearis bypast and quhairby the baiUies (formerhe collectores of the
saids extentis) became not onhe unable to spair tyme for the dihgent
coUectioun of the saids extentis monetlilie maintinances and uther burdinges
but were hardlie able to performe the uther pahtes of there functiones and
chahge [Therefore collectors are appointed for each quarter of the Town to
collect the present extent for maintenance of the army and all possible arrears].
nth August 1647.
[M'' Thomas Speir, one of the keepers of the College Ubrary having died,
M^ Andrew Suittie is continued as sole keeper at a salary of 400 merks.] ^
mh Atigust 1647.
Admittes and ressaves Edward Little to keip a vulgare scoole for reiding (vuigar
wryting and cyphering that youth may be thairin educate.
' See p. 88 supra.
130
EXTRACTS FROM THE RECORDS
IBUlof
Health.]
Grantis bill of health to Johne Grersoun ^ maister of the guid shipp
callet the Alexander of Prestounepannes testifieing that certane merchands
. . . hes shippit in his shipp quhau'of he is maister ane certane quantitie
of victuaU consisting of quheat and uther grains to be transportit from Leith
to Cadiz in South Spaine. . . .
[A simOar bUl of health is granted to Robert HamUtoiui, master of the
" Aiitelope " of Prestonpans with a similar cargo also bound for Cadiz.]
[Wall in
Leith.]
Act pryce
admissioun
burgessis and
gild brether.
21th August 1647.
[Payment is to be made to John Mylne, master mason, of 476"] debvu'sed
be the said Johne Mylne upon the building of that waist in South Leith
called Wilsones Wall by and attoiu- the pryce first condischended on. . . .^
[WiUiam Law, servant to the Earl of Crawfurd and Lmdsay, Lord High
Treasurer, is to be admitted burgess and gUdbrother gratis.]
Forsamekill as the Provest badlies and Counsell finding the great damnage
and prejudice the towne sustened be admitting of biu-gessis and gild bretherne
at such low pryces for the saids fridomes as they were of old accustomed
to pay quhairby the said friedome becomes contemptable and the towne
overburthened with numbers of poore straingeres quho bought thair said
friedomes for the most pairt for no uther use but to tope wyne and beir
They upone the tuentie fourt day of Junii i"' vi^ foiu-tie and sex yearis
after ry|De advyse did condischend that the lowest pryce for quhilk the
friedome of being maid burges could be sold for to a stranger sould be
aught scoir poundis togeather with ten poundis for armes by and attour
thair upsett And the pryce of being admitted gild brother to be tua hunch-eth
and fourtie punds and sexten poundis for armes with than- uther orcUnar
dewes. [Accordingly they gave verbal orders to the dean of gild to admit strangers
only upon such terms until an act of council should have been made embodying
that and other clauses relative to the freedom. The completion of this act having
been prevented they approve the dean of gild's obedience to their orders and
require him to continue to do so until he receive orders to the contrary.
Payment is to be made to John Maxwell, advocate, of 1,050 merks for two
years' rent of the General's lodging to Whitsunday 1647.] ^
\st September 1647.
[The late M' Alex^ Hendersone having left to his nephew George Hendersone
the arrears of stipend due to him by the Town, the kirk treasurer is ordered to
pay to the said George 2,500 merks. The dean of gild is to make him burgess
and gUdbrother gratis.
' See p. 106 supra. - See p. 41 supra.
' Probably the Earl of Leven is meant, who was still commander in chief of the forces.
OF THE BURGH OF EDINBURGH 131
John Leslie, merchant in Aberdeen, and Robert Seatoun. skipper, are fined
400 and 100 marks respectively for uiiloadmg French salt without making entry.
James Twedie, present deacon of the wrights, is to be received gildbrother
gratis.]
5rd September 1647.
[The following persons are to be received burgesses and gildbrethren. The
right honorable David Leslie, Lieut. General of the forces of the Kingdom, Major
Generall James Holburne,i Colonel Colein Pitscottie, Colonel Walter Scot,
Mf Robert Meldrum, Capt. Peter Gorkom, captain of the " Sandenburg " of
Campvere, General Quartermaster Robert Innes, Lieut. Colonel John Innes,
Capt. Peter Innes, Rutemaster Carmichell, Col. Alex'' Barclay, Major George
Meldrum, Messrs James and Collin Campbell, as the Lieut. General's comrades and
friends ; also David Weymes, Robert Andro, William Wright, William Wallace,
WiUiam Sinclair, David Thomsone, James Watsone, James Warnok, Robert
Imies, John Birsbane, servants and attendants of the said Lieut. General, and
John Hamiltoun, Quartermaster to General Holburne ; also Thomas Cun3aighame,
Conservator at Campvere,^ and James Eleis, factor there.]
8th September 1647.
Ordaines the thesaurer to content and pay to William Shaw merchand [Banquet.]
the sowme of tlirie scou- nynteine punds elevin shillinges for banqueting
stuff furneist ... at the feist given to the lordis and uthers of the exchequer
and also to content and pay sex poundis thretten shillinges four pennyes
for banqueting stuff furneist be him at the feisting of Lieutenant Generall
DavidLesUeGenerallMajor Holburne the lord Conservatour and uthers. . . .
\bth September 1647.
Compeired Ancko Gibsone induellar in Glasgow quhom the Counsell [Saie of siik]
unlawes in the sowme of fyftie poundis for selhng of silk to bm-gessis in
this brugh without making offer thairof to the Towne. . . .
Ordaines the baillies to content and pay to M^ William Colvin and [Payniint for
M"" Mungo Law the sowm of fyftie poundis sterhng for the use of the widdowes soldiers.]
of lame and killed souldiers and to chairge the same upone the Generall
Commissarie in the first end of the maintenance dew be the guid towne to
him conforme to the said generall Commissarie his precept. . . .
• Holburne had been defeated by the Marquis of Montrose at the battle of Kilsyth. It
was to hun that Macleod of Assynt surrendered tlie captive Montrose.
- Cunningham was in Scotlantl for the business of tlio supply of arras and payment for
them. He narrates in his Journal {S.H.S. 3rd series, vol. xi.) how the debt stood as due to
him and James Weir, factor at Verre, since the Lampsins, merchants of Middleburg and
Flushing, the real suppliers of the arms and ammunition, miglit not appear in the transactions
because of the neutrality of the Estates of Holland. He states that the amount due was
179,420li 17s Scots of principal. On 4th September the Committee of Estates delivered
written acknowledgment of their indebtedness. His confirmation in the office of Conservator
was dated 26th August 1647.
132
EXTRACTS FROM THE RECORDS
[Repair of
bridges.]
nth September 1647.
Grantis towardis the mending and reparing the Coltbrige and Crawmond
brige the sowme of tuo hundreth merkis . . . the one half to be payed to
M"" W™ Dalgleish minister at Cramond and the uther half to M^ James
Reid minister at the West Kirk for the use foirsaid. . . .
[Sir WilUam
Dick's debts.]
22nd September 1647.
[Mr George Gillespie, minister, is transferred from the S.W. to the north
parish of the Town.^
Sir William Dick owes to the Town for extents and the rent of the Society
before 1646 the sum of 6,110" 13^^ 41] ^ off the quhilk sowme foirsaid the said
Sir WiUiam requyres to be discharged of the sowmes following . . . viz.
of the sowme of aiight hundreth fourscoire aught poundis threttine shillings
four pennies for four monethis maiU of the Societie be reasone the same
lay so long waist in anno i™ vi^ fourtie years the tyme that the Castle was
beseeged . . . more of the sowme of tuo thowsand merkis for ane half
yearis dewtis of the Societie from Beltane to Halames i™ vi^ fourtie fyve
yearis being the tyme of the heavie visitatioun during quhilk tyme the
saids workes lay idle And fiu-ther requyres four monethis defaulcatione
of the maill of the said Societie from Halemes i"" vi*^ fom-tie five yeares to
March i™ vi^ fourtie sex yeares extending to eight hundreth foure scoue
eight pounds thretten shillinges foure penneis and lasthe he craves the
sowme of ane thowsand pundis for customes of timber leid and ammunitione
imported to Leith for the use of the guid Towne and thair common warkes
preceiding the terme of Halemes lastbipast . . . extending in the haill
to the sowme of foure thowsand ane hundi-eth and ten pimdis thretten
shiUinges fom'e penneis. [The Coimcil agree to the same and find the said
Sir WiUiam due to the Town only 2,000".]
2Qth September 1647.
[M>' Robert Levingstoune is elected a doctor in the High School.
M'' John Meine minister at [Anwoth] is made burgess and gild brother gratis
by right of his father Johne Meine, elder, merchant.]
6th October 1647.
[Water baihe, John Pearsone ; baron baUie, John Marjoribankes.
Baron baihe in the Canongate, John Bynnie ; baLLies of the Canongate,
Alexander Peirs and James Tuedie.
CouncQ for 1647-8 : Provost, Archibald Tod ; Bailies Robert Fleyming,
Robert Mastertoun, Hew Hanultoun, Robert Sandilandis ; Dean of Gild, George
1 That is from Grayfriars Church to St Giles, the New or East Church.
" See p. 82 supra.
OF THE BURGH OF EDINBURGH 133
Suittie ; Treasurer, Thomas Leishman ; Council, James Cochrane, Edward
Edgair, Archibald Sydserf, John Fairholme, John Jossie, James Riicheid, Patrik
Thomsone, George Stirhng, William Reid, Robert Trotter, James Tuedie, skinner,
George Cleghorne, goldsmith ; Ordinary deacons, Robert Meiklejohne, skinner,
David Dowglas, surgeon, John Scott, goldsmith, James Monteith, hammerman,
James Fentoun, tailor, John Pollok, shoemaker ; Extraordinary deacons, Thomas
Sommervell, furrier, Alexander Cleghorne, wright, John Mylne, mason, John
Baillie, baker, James Gairdner, flesher, Patrik Cochrane, weaver, Thomas Storie,
waulker, William Stirlmg, bonnetmaker.]
8th October 1647.
[Bill of health to Robert MiuTay, trading to Cadiz with wheat, beans, wax
and Scots linen.
Hector Campbell is to be made burgess gratis, dispensing with arms.]
Taking to consideratioun the severall informatiounes and heavie com- [Export of
plaintes of the neighboures and inhabitantis of this brugh againes the forbidden.]
extortioun used be the candelmakers tlu-ow the excessive pryces of candle
exacted be tliame in so farr as nj^on the most necessar occasiounes they
cannot many tymes be furnisht with candle at any pryce . . . and finding
the caus thairof to be that the saids candelmakeris doeth not onUe vent
thair candle to ckappers or retailers and choi^ekeippers within this bnigh
hot also be selling of taUow and candle to the inliabitantis of uther burrowes
and to countrey people of all sortis but speaciaUie to merchandis and
mariners who contrair to the lawis of this kingdome transport the same
beyond seas [therefore it is statute that candlemakers shall sell to burgesses
and inliabitants alone tiU 1st January next.]
Ibth October 1647.
[Price of tallow, 2" 13^ 4'' the stone ; price of candles 3'' 4^ the stone and 4^ 4''
the poimd.]
18th October 1647.
[M'' Andrew Suittie, keeper of the College hbrary, is elected a regent of
philosophy there in place of M'' William Tuedie preferred to be minister.]
22nd October 1647.
[M'' Francis Adamsone son of the late M"" John Adamsone, writer, is appointed
keeper of the College library.]
Grantis testificat ... to Johne Burrell burges of this brugh testifieing Testiflcat
his guid cariage life and conversatioun sen his last returning heir and ""'^'^ '
recommending him to the Estaites of Friesland quhair he did spend a
great tyme and susteind great hurt and skaitli in the service of the Estaites
of Holland for ratificatioun of the former rightes of liis jDensioun renewing
of the same and ansuering him thairof.
i2
[Expenses of
M. de
Montreuil.]
134
EXTRACTS FROM THE RECORDS
29th October 1647.
Ordaines the late thesaurer to content and pay the accompt spent
upone Monsieiu' Montreuil agent for the Frensch king extending to the
sowme of ane liunch-eth thriescoire eightene pundis fyftene schillinges six
penneis and aUowes of the creating of the said Mons"" Montreuil burges.^
[Price of
bread.]
5th November 1647.
[A committee is appointed to regulate the seating in the church at the Tron
and to settle the prices.
M'' James Pillans, regent of humanity, is promised the first vacant place of
regent of philosopliy in tlie College. The matter of an mcrease of salary is to
be considered.]
12th November 1647.
Stattutes the paise of the best wheate bread to be . . . ilk twelve pennie
loafe ... to weigh ten oimces . . . Item that the tuelve penny loaffe
of the second sort of wheate called soure bread weigh tlu-ettin unces and
njrne drop . . . and the thrid sort of bread called the masloch bread the
twelf jDenny loafe to weigh ane pimd fyftein ounces.
[Price of ale IQ"^ the pmt ; strong beer 20" and small beer 10''.]
Uth November 1647.
[Price of ale] Having considdercd [that] some of thair number qulio had spokin with
the Lords of Sessione anent the pryce of aiU qidiich some wold have raised
to tuentie pemieis they find unaniuiushe tliat the aill aught to be continued
at the rate of sextene pemieis the pynt conforme to the act of counsel! daited
yesterday.
[Various acts agamst forestaUers and regraters are renewed. A table is to be
made of the highest prices which may be taken for poultry and other victuals.]
19th November 1647.
[Bill of health to John Downie, skipper and master of the " Alexander " of
Leith, bound for Newhaven in France with salmon, skins, cloth and brass.
Payment is to be made to John Halyburtone of the ClianceUor's house rent,
being 270" for three terms from Whitsunday 1646.
A voluntary contribution is to be taken from the inhabitants of the south
' Jean de Montreuil had been sent to England in July 1645 by Cardinal IVIazarin, nominally
as agent to the Scottish government, but in reality to see that a settlement satisfactory to
France should be reached. He was instrumental in procuring the King's decision to go to
the Scots army, upon conditions for which ]\Iontreuil had obtained only a verbal guarantee
from the Scots leaders. The Commission of the General Assembly on 8th February and
19th April 1648 concerned themselves with the facts that he had a priest and that mass was
said in his lodgings {Proceedings, i. pp. 348, 458).
OF THE BURGH OF EDINBURGH 135
east parish] in respect of the want of ane steiple and ane sufficient cover [ciiurch at
being hitherto covered with daills.
Tron.]
wuik.]
2Ath November 1647.
[Mr James Hamiltone minister is to be presented to the presb5d;ry and
consent asked for his admission on Friday next.
M"' George Gillespie and M'' James Hamiltone, ministers, are to be admitted
burgesses and gUdbrethren gratis.]
2Qth November 1647.
[The statute against forestalling and regrating of poultry, butter and cheese
is renewed.
The Town Council renew certain articles granted to the hammermen on [Hammermen's
3''" September 1617 as follows] Dischairging all oppen mercatts to be usit
of any of the hammermen wark of this brugh upon the Hie strait creamers
boordis or bacliletts nor shawen in their handis nor signes set out to sell
in na patrt foir nor baksydis within this brugh bot allanerlie upon the
mercat day as also that na common cramer within this brugh sell or
tope any hammermens warke nor regrait it againe to any unfriemens use
under the paine of poynding of the goodis and wau'ding of the persones •
of the contraveineris swa oft as they failyie ujDon complent maid to the
magistratis of this brugh be the deaken and brethren of the saids craftis. . . .
\st December 1647.
[To expedite the collection of the monthly maintenance] ordaines that the [Collection of
/-< 11 • -'m-i ciii maintenance,]
Lounseil convene everie week twyce viz on Monday at two ot the cloak
in the eftirnone and sickyk ilk Thursday at ten of the cloak in the foirnone
and to convene befoir them the collectores of the said maintenance or
extentes togidder with sutch of the neighbours as the saids collectors saU
complene of foir there not thankfuU payment of the saids extentes and to
take soutch coiu'se with theme for thair refusall as they sail think fitt. . . .
[Accounts of the kirk rents belonging to the College : 1644, charge
3,320" 6« 5", discharge, 2,485" 7^ 10'' ; 164.5, charge, 2,542" 14^ 7<i, discharge,
2,295" \Z^ 4'i.]
Haveing appoynted George Suittie dean of gild Joline Jossie late baillie [New chambers
Robert Meiklejohne deaken of the skinneris and George Jollie present
thesaurer of the Colledge to visite the wall which is to be built to the Toun
wall of such a height that chalmers may be built thahto as also to visite
the chalmeris in the corner and nixt to the chalnieris laitlie built be James
Miu'rey quliich is to be built on the Colledge chairges as also to visite the
pairt in the chalmeris quhich were built be umquhill Sir Thomas Hope
136 EXTEACTS FROM THE RECORDS
and iimquliin Williame Rig ^ that fals windowis may be strucken out on
the north court m the said C'oUedge to naake it uniforme and farther to
consider of the necessitie of taking away of ane old hinging stair liinging out
on the north syde of the old hous and the saids visitores haveing reported
the expediencie of the finishmg and perfyting of the said liaill particulars
the Counsell of new did appojaat the saids i:)ersones abone exprest to meitt
and agrie wdth Johne Mihie master maissone to accomplish and finishe
the saids haill particidaris upon ane penny both for warkmanship and
materiaUs. [The agreement having been produced, the present and succeed-
ing treasiu-ers of the College are ordered to see it carried out] and the materialls
to be fiu-nished and the warkmanship on Johne Milnes chairges and ordaines
the thesam-er of the CoUedge to redd the ground provj'd skaffolding and
such yron warke as is necessarie as also to make pajTnent to Johne Milne
of the sowme of f\^tene hundreth poundis Scottis money agried upoun
for finishing the said warke viz. fyve hmidreth poundis thairof in hand
and uther iyve huncb-eth pounds qidien the half of the warke is finished
and the thrid fyve hmidreth pounds in compleit pajmient of the said fyften
hundreth pounds to be payit at the finisliing of the saids haill warks. . . .
[The sum of 1,000" with two years amiualrent thereof due by the Town to
the late Thomas Dods is to be employed on the building of the above chambers.]
[Maker of Grantis Hbertie and licence to Robert Devuiport Enghshman maker
mathematical . ,, . ... i i ji- r i •
instruments] ot uiathematicall mstruments to exercise his trade and cauing ot making
of the saids mathematical! instruments and making or mending of watches
within this brugh and hberties thairof and to keij) liis abode and residence
heir . . . for serving of his Majesties Hedges and teaching of his trade to
such uthers as sail enter to his service without trouble or molestatioun. . . .
[Town Mills.] [A committee appointed to inspect the mills] fand that for this present
yeir there wes a necessitie to repair the saids myhies in maner following
viz. that there be furnished to the sklait niylne ane new axiltrie quliilk is
presentlie lying besyd the said mylne as lykwajds ane new inner qulieUI to the
same mylne cpiliLlli wes to be maid up out of a part of the twa quliilk is lying
presentlie thair in the Touns magazin Lykas they fand four utter qidieills
of the tua mylnes callit Wawers milnes the sklait myhie and eister myhie
to be weak old and defective some more some les quhairof they thinlv it
expedient that the good Toun be at the chairges of twa haill new utter
quheills and as for milstones the saids visitores finds necessar that the
staine that wes last taken af the wester malt mylne be friehe grantit for
suppUe of the eister mylne next to it and for the new stane that is lying
pickeing at Wawers milne door togidder with ane good yvon girth to be
maid and put about it for supplieing ane rift in the one syd thairof be friehe
• See Extracts, 1626-41, p. 4, and Extracts, 1604-26, p. 268.
OF THE BURGH OF EDINBURGH 137
given to the sklait mylne As lykwayis they fand that the old inner quheill
standing i^resenthe at the sklait mylne door be cairfullie keipit dry in
magazen sieing twa new spaikes will niak it yet sufficient And in lyk maner
that how soone any new utter or inner quheills be put in that the old anes
be put also in magazen. [Tlie report was approved and the treasurer ordered
to do the repairs.]
[The CouncU, because of the dearth of victuals and because the baillies are
too much occupied otherwise to inspect the markets, divide the Town markets
mto three divisions and appoint five visitors for each, of whom one is a member
of Council. The divisions are : the butter, cheese, wool and land flesh market ;
the poultry, fish and nether flesh markets ; the bread, ale and meal markets ;
the stables for corn and the candlemakers.
The following instructions are set down for the visitors.]
Imprimis they sail suffer no regraitters nor foirstallers to resort to the [Rules for
■*- -^ ^ Inspectors of
saids mercatts. Item they sail not suffer the housing of no kynd of vivares Markets.]
bot sail make aU be presented to the mercatts and saU make search for this
effect. Item they sail punishe all regraitters and foirstalleris. Item they
sail punishe all them that buyis or selhs any vivares outwith the mercatts.
Item they sail apprehend and punishe all such as goes throw the Town to
sell vivares. Item they sail punishe all such as bu3ds any vivares comeand
to this Town within fom' mylnes of Edinburgh. Item they sail set pryces
upon all vivares once in the moneth be adyce of certaine elect persones
such noblemen and gentlemens caitters and hoslaries and sUilyk quhom
they sail have power to choys and cite for this effect. Item they sail sie
the tables of the pryces of the vivars maid and to be maid to be keiped
and punishe the transgressom-s. Item they sail sie the stablers statutis
maid anent corne and strae to be put to executioun as also the statutis
maid anent talloun and candle put to executioun. And last they sail
exact the unlawis according to tlie Touns statutis and sail be comptable to
the bailhes for the samen the saids baillies haveing allwayis jDower to moderat
the unlawis. And for the better observing of the saids injunctiouns and
for effectuating of the premisis the saids Provest baillies and counsell gives
fuU power and commissioun to the saids visitours to waird the persones of
all transgressoiu-s of the saids lawis and statutes to poynd their goodis at
their pleasiure.^
Ordaines the maisters of the hospitall at Leith wynd foot to content and
pay to James Hamiltoun precentour of the Colledge kirk the sowme of
ane hundreth merkis as his ordinare yeirlie pensioun for his service to say
prayeris to the poore of the said hospitall.
' Visitors of markets had been appointed previously [Extracts, 1604-1626, p. 75), when
regulations were made for their guidance. See also pp. 15, 16 supra.
138 EXTRACTS FROM THE RECORDS
3rd December 1647.
[M' James Hamiltoun is appointed colleague to M"" Andrew Ramsay, minister
of the church of the south parish.] ^
6th December 1647.
Convenerunt in academia Jacobi Regis.
Orders for [A part of the council and ministers with the rector, princifial and regents
andTcoUeris^n being Convened] it is thoght good and expedient that the immatriculatioun
o e ge. ^^ ^j^^ schoUeris be maid in the presence of the Rector and his assessores
sail happen to meitt that they take a cours to call befoir them the expectantis
of theologie and to admonish them of sik omissiouns as any of them ar
suspected to be culpable of with certificatioun if they doe not amend that
they will not onlie debar them from the libertie of comeing to the CoUedge
hot also will represent their faults to the presbj^rie. Anent the tlurid
article of the dewties requyred of the regentis it is thoght fitt that in the
studie dayis the scholleris convein at half twa in the sclioolis quhair the
catologue being read and absentis marked such as have chalmeris may
retire thither for theii" privat studies till four hoiu-es and such as have not
chalmeris ar to exercise themselffis in the privat scholhs and that the regentis
be ordained to attend npon them and that the Janitor keip clos the utter
gates. Item that the Primar may meitt with the clerk and frame ane
act or twa anent the teatching of lessouns to the schooleris on the Sabboth
day and for the schooleris returning to the Colledge efter the eftirnoones
sermones to give accompt of the foirnoone and eftirnoone sermones and
that a visitatioun may be maid in Lent quhairin notice may be taken what
dilegence hes bein done in teatching of the saids lessouns and quhat
proficiencie the scholleris hes maid thairin. Item at the nixt meitting that
the professor of the Mathematiques give in ane accomjit of his forme of
progres in teatching the said science. Item that upone the thrid of Januar
nixt the Rector and his assessors take ane accompt of the Bibliothecar of
the haiU bookes and uther particuUaris committed to his custodie and that
the twa bookes inventars be compleitUe filled up and that ane accompt
be maid of the moneyis given in for buying of bookis to the Colledge thes
thrie or four yearis bygane. Item that thair be a visitatioun maid of the
ruiff of the bibliothek quhairin now presentlie the bookis stand. Item
that upone the last Moonday of December the Rector be chesein.
' See p. 66 supra.
OF THE BURGH OF EDINBURGH 139
8th December 1647.
[Crames in the Parliament House or yard or round the Cross are forliidden.
Cramers are allowed till the IS*^" of the month to dispose of the wares upon their
hands.
James Kyle, servant to the Earl of Leven, is made burgess gratis.]
loth December 1647.
Compeird M^ James Hamiltoun minister of this burgh and M'' Johne [Schoolmaster
Learmonth minister at Moffet and declared that they had commissioun "
from the presbritie of Lochmaben to make knowne to the Towne Counsell
of Edinbm-gh that they in their visitatioun of the kirk and scoole of Moffet
had found the place of being scoolemaster of the said Towne of Moffet to
be vacant through the miscariege and neglect of M"" James Carmure quho
eftir many admonitiouns had gevin bands for his better behaviour but
that thes bandis were altogidder violated and brokin And that thairfoir
the presbritie had represented the same to the Sjaiod of Dumfreis who
lykwayis eftir heiring the report declaired the said place vacant And thair-
foir the saids M^ James Hamiltoun and M"^ Johne Learmonth desyi'ed the
counsell in name of the presbritie foirsaid to think upon some uther qualified
persone quhom they would present to the said jilace Quhairupon the Counsell
ordeaned Johne Jossie late baillie to speak with my lord Hartfell and to try
further anent the behaviour of the said M^ James Carmure and to report. ^
Taking to thair consideratioun the great hurt and prejudice may aryse '5^;™^^°*;™^°''
be the passing a gift of searchiarie of Leitli and Prestone in behalf of Bernerd ^1}^^°^^
Lyndsay which now is pressed in exchequer Thairfoir have thought fitt Lindsay.]
and ordaines a missive to be sent to the In-ughis of Lithgow Glasgow Stirling
Aire Kirkudbright Lanerik Bruntiland Kinghorne Kirkaldie Hadingtoun
Dumbar Couper and Quenisferie to convein heir on Tuysday nixt ... to
determine and conclude quither the said gift be prejudiciall to the borrowes
and if neid be to tak a legall course against the passing tliau-of.
20th December 1647.
[The Council and three mmisters being convened, M^" James Carmure, master
of the school at Mofifat, resigned his post.]
22nd December 1647.
[The Council, with advice of the ministers, elect M"" John Patersone, school-
master at Carnwath, to be master of the school at Moffat.]
Taking to their consideratioun the guid service and great paines takin [J,|!<Jj^^,'<'
and done be M^ Alexander Gutlnrie on of thair clerkis compylLng and
' See Extracts, 1626-41, pp. 233, 234, for the reasons for the Council's interest in that school.
140
EXTRACTS FROM THE RECORDS
[Election of
rector and
his council.]
making a perfyte alphabetical! index of the haUl actis of counsell takin out
of the haill registeris thau'of have in consideratiouia thairof found fitt as
a takin for his said paines and service to give ordoiu' Lykas they heirby
ordaine the thesaui'er ... to content and pay to him the so^vme of ane
thowsand merkis. . . . ^
24th December 1647.
[Thomas Crawfurd, servant to the Earl of Leven, and John Gibsone, servant
to Sir Alexander Gibsone of Durie, Lord Clerk Register, are made burgesses
gratis.]
27th December 1647.
Convenerunt in Academia Jacobi Regis.
[Certain of the Council, muiisters, the Rector, Principal and regents being
assembled] electis to [be] upone the leytis of the Rector of the Colledge
for the year to come M'' Andro Ramsay M'' WiUiame Cohn ministeris
M'' George Kincaid doctor of physick and M^ James Robertsone advocat.
Electis and nominats out of the foirsaid lytts M'' Andro Ramsay to con tin we
rector for the year ensueing. . . . Electis and nominatis to be assessours to
the rector . . . James Coclu-ane Edward Edgair Ai-chibald Sydserf Johne
Jossie George Suittie James Rucheid Robert Meilvlejohne M"" Robert Dowglas
Mr WiUiame Cohn and M^ James Hamiltoim with the Primar M' Johne
Adamsone and M"" Johne Sharpe professour of divinitie. Appoyntis the
tymes of meitting of the rector and his counsell to be [the] first Moonday
of themoneth at twa hours in the eftirnoone. . . . [A committee is appointed
to inspect the roof of the hbrary] and appoyntis them also to visite the
hows caUit Fentouns hows quhair the Primars chalmer is and to report.
[Compulsion
for payment
of extents.]
29th December 1647.
[A committee is to consider how the roof of the church at the Tron shall
be covered.]
3lst December 1647.
The CoimseU having caused wairne the auld magistrats of this brugh
for taking thair opinione quliat course the Counsell sould take for procureing
pa3Tnent from such persones as ar slow and unwiUing to pay their
proportiones of the monethhe maintenance quhither be way of horning
wairding or that troupes or foot souldiers be impute on them till the said
extentis be payed compeird Sir Jolin Smyth lait provest [and ten others]
quho being particularlie demandet anent thair opinione in the busines
foirsaid and they all efter sufficient debate gave unanimouslie thair opiniones
that they thought the busines of so great concermnent that it ought not
* Possibly tlie compendivun of acts of council now in the National Library.
OF THE BURGH OF EDINBURGH 141
to be neglected and that all persones of quhat quaUtie soever sould make
tlianld"ull pajrment of thaii- saids proportiones and incais of thair disobedience
that the most proper corurse . . . were to imprisone the persones of thes
who are refracturie or disobedient of what qualitie soever they be till the
saids extents be by them payed.
5th January 1648.
Ordaines WiUiame Reid to ackes himself to the Committee of the excyse [ExcUe^of aie,
and to make offer for the excyse of aill beer and all uther merchandice merchandice]
within schyre and biu'gh hberties and pendicles thairof viveres wyne and
tobaccoe excepted any sowme att liis discreatione being within the sowme
of fy ve thowsand merkis monethlie for the thrie monethis preceiding March
nixtocum and that for the behoofe of the guid Towne. . . .
7th January 1648.
Taking to their consideratioun the manifold abuses and prejucUces fp®jJn"''b'ridais i
arrysing from making of penney brydeUs quhairby the Hedges are put to
extroadinarie expenses and tlie haill mercatts of the viveres of this bm-gh
raised to exesive high pryces Thairfoir and for remeid of the said abuses
in tymes coming they have ordained and ordaines that from hencefoorth
thair be no penny brydells keiped or maid except upon the provisiouns and
conditiounes following viz. 1) that ilk persone be obleidged before the giving
up of thair names sail consigne in the thesaurer of the ku-k his handis the
sowme of tuentie pounds quhilk is for ilk couple the sowme of fourtie pounds
and to remaine in liis handis till efter the solemnizing of the marriage it
be foiind that they have not contravened the conditiones set downe in the
quhilk caice they are to loose the said consigned money. Item that thair
be no more taken for the denner or super of ilk man or woman then threttine
scliiUings fom- penneis ilk persone. Item the nvnnber of persones who ar
to accompanie the maried persones at thair said pemiy brydell sail not
exceid the number of twelf persones. Item that thair be no pyperis fiddleris
or any uther mercenarie musicianes admitted to be employed or admitted
to be at the saids brydells And for the better observmg of the said articles
the Counsell ordaines that ilk persone ventener or keiper of chainge houses
sail be lyable to pay the sowme of fourtie pounds incais it sail happin that
they contravein in making and provyding the saids brydells upon any
higlier pryces numbers of people or uther conditiones then is formarlie
exjiressed. . . . ^
1 See p. 66 supra, act of March 1645. The former restrictions were because of the troubles
of the time.
142
EXTRACTS FROM THE RECORDS
[Alterations to
Heriofs
Hospital.]
[Clmrch at
Kiriiurde.]
26th January 1648.
Taking to their consideratioune the report of Johne Mylne master
maissoun and Johne Scott master vvxight anent the repairing of Herriotts
hospital and finding that they both were of the oponione that for the weilfaLre
of that place that the southwest towre sould be takin downe and maid
iiniforine with the torretts on the nortli syde and that Jolme Scott profest
that it was never his oponione that the said southwest torret sould be built
in the way that now it standis the Counsell conciu-res with them in thair
oponione and thinks fitt that the Counsells oponione for taking downe
the said turrett and making the same uniforme with the north syd be
reported and represented to the Counsell of the said hospitall.
Forsamekle as M'' Alexander Dicksone minister at Kirkaird and James
Geddes ane of the gentlmen of tlie said paroche in name of tlie haill
parochiners efter many conferences and treaties anent the repairing of the
said kirk have now desyred a small answer of the Counsell quhat money
they wiU please to contribut towardis the repaii'ing of the said kirk the
Counsell . . . have agried with the saids commissioneris on the termes
following viz. The saids commissioneris have undertaken upon thair chairges
to theik the queir of the said kirk with sufficient sklaitt and to niak out
a faire lairge window on the eist end of the said queire and to theik with
sklaitt repaire and doe everie uther thing requisite for the haill kirk provyding
the Comisell wUl cause delyver to them for that eifect the sowme of tlurie
hundreth pounds Thatrfoir the counsell hath granted for that effect the
said sowme . . . upon tlie conditiones foirsaids . . . reserving alwayis the
timber of the said queire for helping the reparatioune of the ministers hous.
[The CoUege treasurer is ordered to give the said 300", taking bond that, if the
reparations are not fini.shed before Lammas, the money shall be returned.]
[Murray burgess
& gild.]
4:th February 1648.
Ordaines the dean of gild and his counsell to admitt M"" W™ Murray one
of his Majesties bedchalmer to be burges and gUdbrother . . . witliout
taking any pryce from him and ordaines the thesaurer to pay the expensses
of the collatione to be bestowed on him. . . . ^
Taking to their consideratioun the great inconvenience that will aryse be
making any more seatts in the bodie of the ku'k at the Trone then these
1 An entry of 16th February describes him as "of Huntingtone " and gives the cost of the
collation as 98U 5s IQd. Son of the minister of Dysart, he was to become the Earl of Dysart
and father-in-law of the Earl of Lauderdale. He was known as one of the most degraded
characters of the age, was suspect in 1641 of tampering with the King's letters and possibly
of the staging of that obscure episode the " Incident," to give the Duke of Hamilton the chance
of discrediting Montrose and his other opponents. He was in the Town over the affair of the
" Engagement."
OF THE BURGH OF EDINBURGH 143
that are alreadie built laitlie for the use of my lord Innerpeffer ^ and M'' James
Durhame quhilk seatts . . . doeth not a htle straiten the body of the kirk
Thairfoir . . . ordaines that from hencefm-th thair be no more seatts
built in the said bodie of the kirk upon any precept quhatsumever. . . .
[The stipend of the minister of Dumbarny is augmented.]
Ml February 1648.
[John Lithgow, servant of WiUiam Murray, of the King's bedchamber, is
made gildbrother gratis.]
ll//i February 1648.
[Because the Town is owing to Sir Wilham Dick of Braid the sum of 2,500
merks with annuahents as theh part of 200,000 merks due by the Estates to the
said Sir Wilham, therefore they allow it in exchange for the rent due by Sir Wilham
for the Society.]
\Wi February 1648.
[Archibald Sydserf and David Douglas are elected commissioners to the
parliament to meet in March. John Jossie and James Fentoun are elected
conjunct commissioners to be substitutes for either or both of them on any
lawful occasion.] ^
'2Zrd February 1648.
[A committee of seven with the Provost and as many of the present baihes
as may, is appointed to assist the commissioners to Parhament.]
25//t February 1648.
[The Council and extraordinary deacons] takmg to their consideratioune Roparatioun of
the dangerous and ruinous estait of the stane wark of the crowne of tlie hIp Ere™™ °
greit steiple . . . have thairfou- thought fitt that the same be repaired " '^"" '
with all dihgence and to that effect gives warrand and ordour to George
Suittie dean of gild with all convenient sj^eed to goe about the said worke
and to call unto him Joluie Mylne maister massoun and Johne Scott wright
and to condischend with them of the fittest and most convenient way
1 Andrew Fletcher, eldest son of Robert Fletcher of Innerpeffer in the coimty of Forfar.
Admitted ordinary judge 18th December 1623. Appointed member of parliamentary com-
mission for examining the laws and local practices with a view to codification. Under new
commission of loth November 1641 was reappointed. Commissioner of Exchequer 1645,
Committee of Estates 1 647 and 1 648. Was of the side of Charles I. Died at his house in East
Lothian, 1650. By act of Parliament 1649 (pp. 81-2) was deprived of all offices and declared
incapable of " the meanest public trust."
^ It met on 2nd March 1648 (A.P.S. vi. (2), p. 3). Sydsei-ff and Douglas were present.
The parliament was concerned largely with the " Engagement." For the King had come to
terms with the Earls of Lanark, Loudoun and Lauderdale at Carisbrooke Castle in December
1647 (Petrie, Letters of Charles I., pp. 232-8) and the Duke of Hamilton was about to prepare
his descent into England for the release of the King.
144
EXTRACTS FROM THE RECORDS
[Borrowing to
pay annuals.)
for doeing thairof . . . and heirby gives warrand that for the better doeing
heirof thair be ane sufficient scaffold maid on the lieid of the kirk in sick
faschione as the ruif of the kirk be no way burthened thair\\dtli bot lye on
the walls allanerie and that the stones may be hewed on the said scaffold. ^
[The bailies' accounts of the stent for the year 1642-3 show a charge of
20,784" 10^ and a discharge of 19,101" 7". The accounts of the fines for the
same period show a charge of 387" 18^ 8'' and a discharge of 1,658" 12^ 4''.]
Finding ane great number of the annuelrentis dew be the guid Towne
to their severall creditores not satisfied in the yearis of John Jossie and
Patrik Thomsone their offices of thesaurie and . . . lykwayis finding that
thair is na uther way for supplieing the present necessitie till sik tyme as
the extentis for maintenance be all ressaved except borrowmg of money . . .
Thairfoir . . . they thinlv fitt and ordaine that Thomas Leishman their
thesaurer sail borrow uiwn annuehent the sowme of twentie thowsand
merkis and ordaines him to delyver thairof to the said Patrik Thomsone
lait thesaurer the sowme of fyftein thowsand merks for payment of the
annuelrentis alsweill dew the yeir of Johne Jossie his office in so farr as
concernes the annuell of fyftie eight thowsand merkis borrowed for the
siedge of the Castle as the yen- of his awin propper office. . . .
[The Council havmg granted to John Ronnakl, former collector of the merk
per pack and per tun, the revenue of that imjjost tiU he should be repaid the
sum of 9,000", he assigned it in payment of his debts to other persons, from
whom various assignations have transferred it to George Suittie. The present
collectors of the impost are instructed to make payment to him of the said
9,000" and annualrents thereof.]
[Agreement,
repair of
bulwarli of
Leitli.)
8th March 1648.
[The Council consent to the agreement with John Scott master wright]
anent the repahatioun of the northwest bulwarke of Leith that the said
Johne repair and make guid betwix the wark last repairit be the watter
baiUie Johne Pearsone in the year of God i"! vi^ fourtie four yeares and the
uttermost poynt of the held thairof nixt adjacent to the sea being of lenth
about thriescou- and seven or eight couples or thairby and that the saids
couples the hoUs of them be sufficientUe festned in aiken timber and balkit
als low upon the couple as possoble can be and espeaciallie narrest the
head of the said bulwarke with ane second or mid balk weill fastned upon
each syd of the outmost standart and ane howtrie upon each couple with
angleris upon each low balke festnit weill to the standart and everie fyft
low balke to have ane strong arose angler to goe betuix the two outmost
upstanderis and above upon the heids of the upstanderis on both sydis to
* Sometimes wrongly taken as the time of the building of the crown of St Giles.
OF THE BURGH OF EDINBURGH 145
have ane strong barkit going alongis the upper syd thairof and that the
saids lofting above the howtries be cled with sex daills upone the middle
thairof and ane inshe of wyndnes betuix ilk daill and lykwayis that the
said upstanderis be weill barkettit upon both sydis with strong aiken
barkitts with thrie strong stowps weill bund below both the lower and
mid balkes and that the liaill staines now presenthe within the Bulwarke
remain within the same and if throw necessitie they be removit that they
be convenientUe placit within the same for the strenth of the said warke
and that for jjaynient and satisfactioun to be maid ... to the said Johne
Scott ... of the sowme of tlirie thowsand merkis . . . out of the first
and reddiest of the shoir dewties of Leith this present year of God i^^ vi''
fourtie eight yearis and that besyd the furnishing of all tymber and yron
warke necessar. . . .
[The contract between the Senators of the College of Justice, advocates and
Town Council as to the augmentation of the salary of the regent of humanity is
to be inserted in the charter book.] ^
lOth March 1648.
Taking to their consideratioun the ill accommodatioun of the primar [Curriehurs
of the CoUedge M"" Johne Adamsone thi-ough the ruinous of his hous in the pSudpaL]
Colledge out of which he hath beine debarred these thi-ie monethis bypast
in regard of the danger of faUing so as he durst not repair thither be the
advyse of the best craftsmen massonis and WTights Thairfoir have thought
fitt to lend unto him the use of that pairt of the hous in the hie scoole yaird
sometyme called Curriehills hous - quhicli presentlie is possest be M'' Robert
Dalgleish agent to the kirk till sick tyme as the said ruinous hous ... be
repaired. . . .
15th March 1648.
[Commissioners are to go to the presbytery of Edinburgh and present M'' John
Smyth, new minister in the Town.]
Ordaines the thesaurer of the kirk sessiounes of Edinburgh with all [Correction
convenient speid and dihgence to rei^aire the Correctione hous and to
supphe it in quhat the counsell thairof sail find the same to be defective.
[The ministers and ku-k session of South Leith bmd themselves to use 144" 8^
from the impost on wine in Leith for the repair of the church and tolbooth of
Leith.]
' There is no note of this contract. Consideration of an increase was promised in November
1647 (p. 134 supra).
^ See p. 23 supra.
K
Oswald.]
146 EXTRACTS FROM THE RECORDS
nth March 1648.
[M' WiUiam Strauclian at Aberdeen is to be nominated as minister of the
southeast parish with M^ William Colvin.] ^
IMr John [A committee is named] to pas to M"" Johne Oswell and to deall with him
that he transport not himself from hence till thair appellatione be desyded
befoir the generaU assembhe utherwayis the Counsel! wiU be forced to
take some uther com^se for his stay.-
[M"' John Smyth, minister at the [north] east church is to be made burgess and
gild brother].
22nd March 1648.
[Mr WiUiam Appoyntes [a committee] to pas to the south west sessione of this burgh
^'"'■^ and to nominat unto them M'' WilHame Rait minister at Breichen to be
minister of that paroche with M"" Mungo Law and to report.
24th March 1648.
[Scarcity of Forsameklo as the Provest baillies and CounseU have found be divers
water.] complaintes that thair is a great scarcitie of watter in the most pairt of
the wells in this burgh to the great prejudice of the haill inhabitantes
Quhilk scarcitie probabhe is occasioned in pairt be some beii- breweris qulio
of laite have sunk their wells deiper then the commoun publict wells of
this burgh Thairfoir and for remeid henof they have ordained and ordaines
the thesaurer ... to take the first tryall on the well called the New well
and to enter quariovirs to work and sink the said new well deper at his
discreatione be the advyse of understanding men . . . And ordaines that
for the futiu-e no inhabitant sail take upon hand to sink any wells without
speciall licence from the counsell quhairby it may be considered whither
the sinking of sick wells may prejudge the commoun publict wells. . . .
29th March 1648.
[The kirk session of the south east parish assent to the proposal to call
M'' WUham Strauchan, minister at Old Aberdeen.]
5th April 1648.
[The accounts of Thomas Calderwood, kirk treasurer, show a charge of
36,591" 6« 2<i and a discharge of 23,584" 13^ 10^.
D' George Rae is to be paid 600" as his ordinary dues from October to April
instant.]
' His name was proposed in 1643 (p. 36 supra). He was presented to the presbytery
13th July 1647 (p. 128 supra).
2 Mr John Oswald was translated to Prestonpans in this year (Cameron Lees, p. 299),
hence the General Assembly must have refused the Town's desire.
OF THE BURGH OF EDINBURGH 147
12th April 1648.
Ordaines the dean of gild to accept and resave Cornelius Mangeles [New freemen.]
Captaine of the Hollands convoy shipp quhiLk hes corned alongst with
Thomas Cunnyngham conservatoiu- of the priviledges of the Scottis natioun
calht the Targoes of Zieresches belonging to the Estaites of Holland to
be biu-ges and gildbrother . . . and David Pearsone servitour to the said
Conservitoiu" to be burges. . . . ^
Uth April 1648.
Ordaines the dean of gild to imploy the money coUectit in that court [Purchase or
for burges and gildbretheris armes for buying of muskets bandilers swords
and uther ammunitione neidfull for the use of the guid Toune and to send
over to Holland for that effect. . . .
21st April 1648.
[Samuel Wallace, for acting as Conservator Depute and for other services
done by himself and liis father to the Burghs is made burgess and gildbrotlier
for his lifetime.] ^
Zrd May 1648.
[David Duncane is elected deacon of the fleshers m place of the late James
Gairdner.
The accounts of David Wilkie, collector of the merk per tun from March
to November 1647 show a charge of 2,7.56" 10^ and a discharge of 164" 7' 9''.
The balance, being 2,592" 2=> 3" is to be paid to George Suittie in part payment
of the 9,000" due to him mstead of John Ronnald.
The accoimts of William Cunynghame collector of the merk per pack of
goods from England, March 1647 to April 1648 show a charge of 589" 13^ 4"
of which 29" 9^ is to be rebated for the collection thereof. The balance, when
finally collected, is to be paid to George Suittie.]
8th May 1648.
[The Council and extraordinary deacons being convened] Forsamekle as Treattie for
the Commissioneris of Parliament had concludit for a levie to be maid tioiiii"ur tL
throw the haill shyres and brughs within the Kingdome according to the lioyuii
numberis of men imposed in the year of C4od i™ vi'^ foiu"tie thrie yeires at iws '''
the quhiLk tynie the proportione of men imposed ujjon this brugh and
' See Journal of Thomas Cunningham, pp. 242-3, exp[aining liow tlie convoy ship had been
allowed to wait in Scotland for Cunningham's return, and the service done by her to Scots
merchants.
^ Samuel Wallace signs a letter as Conservator-depute in 1626 {Extracts, 1626-41, Appendix
ii. p. 270). It is probable that this was the father of the man noted abo%'e (Journal of Thomas
Cunningham, p. xxi).
148 EXTRACTS FROM THE RECORDS
pendicles tliairof were twelf hundreth men that thairfoir and inrespect
of the waightines of the bussines the Counsell would take to thair con-
sideratioun quhat they thought most fitting for them as thaii- commissioneris
to doe thairin and how to carrie thamselves in that particullar the Counsell
eftir long debaitt and mature deUberatioun finding ane impossibiUtie in
them to put out that number of men at this tyme by and attour the extra-
ordinarie expenssis and excessive chairge the nighbours would be put to
have thairfoir in this exigencie of effaires concludit to aj^poynt the Lord
Pro vest and baiUies [ ] to joyne with our commissioners and to meitt
with such as the Parhament or Committe of twentie four sail appoynt
and to treatt with them thairanent with power to them (if it can be effectuat)
to conclude and agrie with the said sub Committee or Comitte of twentie
four upone a pecuniaU sowme at the lowest rait for the fewest number
they can in plaice of putting out of the said men and the brugh to be frie
from putting out the persones of men upon the payment of thair proportionall
levie money sua to be agried upon . . . ^
I2th May 1648.
[Act prohibiting unfree traders in the burgh, skippers and sailors trading in
Leith and burgesses of other burghs and towns from trading in the burgh.]
[Composition The lord Provest having maid report that conforme to the act of counsell
for levy.) daittit the eight day of this instant his lordship and some of the baiUies
with Archibald Sydserf commissioner of Parhament and the sub committe
of the Parhament had mett and had maid agriement in name of the Counsell
to content and pay to any haveing power from the Parhament the sowme
of fourtie thowsand punds Scottis money betuixt the daitt heirof and
the [ ] day of this instant For the quhilk caus ane act of Parhament
sail be grauntit to the guid Towne quhairby the Toun Leith and Cannogait
sail be totaUie frecl from putting out any men to this present levie The
quhilk report being maid the haill counsell in ane voice did approve thairof
and for that effect ordaines the four baiUies George Suittie dean of gild
1 The secret engagement, from which this sprang, had been made between King Charles
and the Earls of Lanark, Lauderdale and Loudon, Lord Chancellor, at Carisbrooke Castle
on 27th December. The Estates, meeting in March, had a large majority which sanctioned
the raising of an army to rescue the King. It is to be observed, at this point, that the Coimcil
did not oppose the decision of Parliament to support the Engagement. On 20th April
Parliament by a declaration narrated the breaches by England of the Solemn League and
Covenant which were to justify their new policy. On the same day they agreed that there
was nothing in the declaration crossing the demands concerning religion. On 4th May they
passed the act, alluded to above, for the calling up of horse and foot. On 10th May an act
was passed exempting Edinbvu-gh from the levy on payment of 40,000U Scots (A.P.S. vi. (2),
pp. 40, 52, 66). See Appendix iii. (1) for a contemporary account of the state of affairs in
Edinburgh.
OF THE BURGH OF EDINBURGH 149
James Ruclieid Joline Jossie Robert Meiklejolme Johne Pollock and Johiie
Mybie to meitt and considder of the best wayis for raiseing the said soume
of the nighbours who would be subject to the said service And becaus
the said money cannot be soone collected from the nighbours as the i^resent
exigencie of affaires requyi'is thahfoir ordaines the thesaiurer to borrow the
said sowme upoun annuekent with the principall sowme to be put on the
saids nighbours. . . .
Post meridiem.
Compeird M"" Robert Dowglas Moderatom* of the sex kirk sessiones of Dcsyre
I'll -1 iipi •■ 11- 111 r \ niinistcris auent
this brugh with several! ot the mimsteris elderis and deakens of the said theingadg-
sessiounes and for thameselves and in name and behalf of the said six
sessiounes presented a petitioun whauin thair desyre wes that the provest
baillies and counsell would petitioun the honorable estaites of Parhament
that the kirk and aU weill affected persones may be satisfied in thair
consciences before any Ingadgment be maid and that the Towne be not
pressed and m-ged in the interim to be assistant thairunto Quhich petitioun
being read and considerat the counsell fand the bussines of so great
importance that they would not adventure to make any answer thairunto
till the ordinarie counsell day and that the counsell with the liaill extra-
ordinarie deakens be conveind for that effect.^
\lth May 1648.
[The Council and extraordinary deacons] considering tlie great prejudice [Runaway
the nighbours have in former tymes sustened be the abuses done be thair
ajiprentizes and servants in running away from thair masteres service and
conducing with captaines and utlier officeris without thair masteris leave
or consent contrau-y to all ordour and decencie Thau'foir . . . they ordaine
proclamatioun to pas througli tliis Towne Uberties and pendicles thairof
that no servant from hencefm'th presume or take upon hand to depau't
from his masteris service or conduce with any officers of this present levie
without the speciall advyse and consent of thair masteris under paine of
loosing thair Uberties and utlier jaunishment to be imposed on thair
persones. . . .
' The majority of the Edinburgh ministers shared, if indeed they did not lead, the opinion
of the General Assembly and most of the ministers of Scotland. These, while disliking the
English sectaries, liked the King less. Their opposition helped to nullify any chance of success
in the Engagement. The Town Council seem to have disregarded the ministers' desire, as,
in view of the attitude of the Parliament, they were practically boimd to do. It is worthy
of note that the Council Records never allude to the Declaration emitted by the Commission
of Assembly and ordered to be read in the churches in March of that year (Proceedings of the
Commission, etc., vol. i. p. 390). See Appendix iii. (2) for petition to the Committee of Estates
by the presbytery of Edinburgh.
k2
150 EXTRACTS FROM THE RECORDS
[Statute regulating the prices of butter and cheese : best fresh butter to be
sold at 5^ the pound ; best salt butter at 4« 4<i the pound ; new cheese, till
Lammas to be sold at 32^ the stone, the best keeping cheese, after Lammas to
be sold at 40^ the stone.]
19th May 1648.
[Approval of The Pfovest baillies and Coiinsell liaveing seriouslie considered of the
at ParHamen't.] carledgc and behaviour of Archibald Sydserf and David Dowglas com-
missioneris for the gnid Towne to the j)resent Parliament they doe approve
of tliair cariedge and behaviour in the last sessioun of this Parliament and
declair they find them to have beine faitlifull in the trust committeed
to them and ordaines thair commissione granted to them and utheris to
continew during the haill continuance of this Parliament in the haill sessiouns
thairof at least till sick tyme as the Counsel! sail think fitt to recall or
chainge the same.
[For payment of the 40,000" promised in the act of 12"' instant the treasurer
has borrowed 20,000 merks from Sir James M'^Gill of Cranstoun Riddell for
himself, and from the said Sir James, on behalf of the Lords of Session 10,500
merks. Bonds are to be given for the two sums.] ^
2Uh May 1648.
[The discharge by Sir John Wemyss, Commissary General for the sum of
40,000" is produced and delivered to the treasurer's keeping.]
2m May 1648.
[Bond to Martm Leitchc, one of his Majesty's Wardrobe, for 12,000 merks
borrowed towards the 40,000" for the Estates.] ^
1st June 1648.
\o plaids to be Considering the manifold prejudices arysing be the unseemlie weareing
the Toune."" of plaids notwithstanding of the severall actis of counsell and proclamationes
following thairupone maid againes the same Thairfoii" and for severall
utlier guid reasones moveing them they have statute and ordained . . .
that nae persone qnliatsumever eftir publicatioun heirof sail take upon
hand to weir any plaids about their lieides in kirk commoun streits or open
mercattes under paine of confiscatioun thairof and farder punishment at
the will of the magistrat And ordaines the ordinar officeris of tliis bm-gli
' Marginal Note to the entry : 3 Dec : 1662, This act delett in respect of new surete
given thairof 14 Februar 1662. The subsequent disavowal of the Engagement by the country
in general and the decision of the Commission of Assembly that the repayment of the borrowed
money was wrong did not restrain the Lords of Session from pursuing for the debt. See
pp. 298-302 infra.
^ Martin Leitche subsequently obtained a declaration before Charles II and liis Privy
Council that the debt was lawful and repayment due.
OF THE BURGH OF EDINBURGH 151
and the under guaird to take and apprehend the saids plaids and confiscat
them to thair awin use and if they connive and be neghgent that the said
officeris be put in prisone and depryved of thair office. . . . ^
2nd June 1648.
Forsameikle as Willianie Thomsone our Clerk hath for the use of the (Superiority of
. \\ est Port and
guid Towne maide ane agrienient in ane unknowne name with tlie land Potterow.i
of Innerleith for the supperioritie of the West Port and Potterraw be word
and hath advanced to Sn Johne Weenies of Bogie the sowme of twentie
thowsand merkis upon his band to jirocm-e within the spaice of f3rftein
dayes a sufficient securitie of the said superioritie or uther wayis to content
and pay againe the said sowme of twentie thowsand merkis with the annuell
thairof at Mertimes nixtocum And becaus it is reasonable that tiie said
WiUiame sould be furneist with the said sowme of twentie thowsand merkis
quhairof he hes aheadie borrowed for the Townes use the sowme of twelf
thowsand merkis from M'' David Sibbald Thairfoir ordaines the Provest
baillies dean of gild thesaurer and the said clerk to subscryve ane sufficient
band bearing annuehent for the said sowme to M"" David Sibbald and
further gives warrand to the said WiUiame to borrow the remainder of the
said sowme being aught thowsand merkis for compleiting the said sowme of
twentie thowsand merlds advanced be the said WiUiame Thomsone for the
quhilk band sail be given also be the saids Provest baillies dean of gild and
thesaurer Lykas the said WiUiame heirby declaires that of his awin accord
least the [ ] might be prejudged in paying neidles annuelrent for the
said sowme incais the bargane sould desert he offeris and promiseth that
incais the said bargane sail happin to desert in that cais he sail frie the
guid Towne of this foirsaid band granted to the said M"" David Sibbald and
of the remainder foirsaid of aught thowsand merkis quhilk is to be borrowed
and that he sail tak in his awin hand the securitie granted to him or his
freind for the haill twentie thowsand merkis be him advanced.
[The Council grant a discharge to the executors of M'' Robert Johnstoun of
S' Ann, Blackfriars, London, of his legacy of £1,000 sterling for clothing the
children of Heriot's Hospital.] ^
9th June 1648
[The Council and extraordinary deacons order the treasurer to borrow 5,175"
to repay Sir Adam Hepburne of Humbie.
Parliament having ordered the payment of twelve months' maintenance,
amounting to 53,475" and of ten months' local quartermg, amounting to 6,000",
being a total sum of 59,475", the Council have allowed for expenses of collection
• See p. 66 supra. ' End of volume 16 of the Council Register.
152 EXTRACTS FROM THE RECORDS
and defects in payment 5,525", making in all 65,000". This is divided
as follows : Edinburgh, 46,913" ; South Leith, 9,043" ; Canongate, Pleasance
and North Leith, 9,043". The extenters are to take steps for the speedy collec-
tion. To that effect persons are appointed to ascertain the true rental of aU
lands within burgh.] ^
[Insult to Duke Forsamckle as Alexander Denholme baxter being inearcerat in the
of Hamilton.] r < i i i • i •
Tolbuith of this brugh secundo instantis for his rashe behaviour and mis-
cariage in uttering and speaking of some rashe words to Duke Hamiltoun ^
his grace upoun the hie streit of tliis brugh in the night tyine eftir eleven
of cloak haveing a sword and a pair of pistolls about him without warrand
or ordour of the magistrattis and bemg conveynit befoir the counsel] he
acknowledged his fault and resenting the wrong causd present ane humble
supphcatioun to the counsel! subscrivit with his hand . . . Quhairwith the
Counsell being advysit and finding his misdemeanour so great and his
fault so odious that they could not pas it over wdthout reall censure in
testimonie of thair dislyk of any seditious uproare and for example to
terrifie utheris from committing the lyke they be thir presentis ordaine
that he reenter his persone in prisone within the said Tolbuith of tliis burgh
thairin to remaine dureing the Counsells pleasure and eftir his releasment
if it sail happin that he committ the lyke fault in any tyme heirefter in
that caice that he los all libertie within this brugh quhahunto the said
Alexander actis and obleissis himself of his awm consent And farder the
Counsell dischairges him fra this day furth of his office of liutenant as
unfitt to bear any such chahge \vitliin this brugh. ... *
lUh June 1648.
(Great Hau in Taking to consideratioun the defectis and faultines of the roofe of the
great hall in the CoUedge quhairby the buikes in the bibhotheck are much
indangered and the haill hous much indamnaged quhilk they find to be
occasioned be the beatting of the weatther on the lairge flait roflf thairof
Thairfou- they have thought fitt that the said hall be tliicked or covered
with lead. ... *
[The convention of burghs is to meet at Burntisland on 29th August.]
' See A.P.S. vi. (2) pp. 59-62, continuing the monthly maintenance on the grounds of the
dangers threatening " Religion Covenant the Kingis Matie and the peace of thir kingdomes
and that they are therby necessitate to keepe up the forces within this Kingdome and to
provyde for thair interteanement."
- On 11th May the Parhament had appointed the Duke to be General and Commander
in Chief of the forces being raised {Ibid., p. 72).
^ A case such as this should ordinarily have been tried in the Burgh Court.
* See Extracts, 1604-26, pp. 135, 138, for the building of the hall.
College
OF THE BURGH OF EDINBURGH 153
IQth June 1648.
[The Council and extraordinary deacons, as titulars of the teinds of Soutra
assign to M^ John Logane, minister at Soutra and Fala, the parsonage and vicarage
teinds as perpetual stipend, reserving to the Town 20" from the teinds of Over
Brotherstanes.
Lists of the arrears of the extent of 1644 for two quarters are presented,
showing the sums still due by members of the College of Justice.]
21st June 1648.
Ordaines the thesaurer to content and pay to [ ] coramonlie called [The^'^Dutch
the Duch prophet tlie number of fytteine cross dollours cjuhilks the Provest
and baillies allowes as ane gratuitie to the poore man. . . .
Forsamekle as Alexander Brand haveing uttered certane calumnious [Calumnies
^ 1 1 • r against Provost
and falls speiches againes the lord Provest and baillies and bemg ottentymes and Baiiiesi
examined upoun the saids speeches and severall witnessis deponeing in
open counsel} the wordis allegit spoken be him Nevertheles quhairof the said
Alexander hath not onlie obstinatlie denyed the wordis formerlie confest
be hini befoir the Pi'ovest and baillies but also did misbehave himself to
the counsell and some of the witnessis who deponed againes him And now
againe the said Alexander being brought befoii- the counsell and contenuing
in his former obstinacie and misbehaviour Thairfoir the counsell ordaines
liim to pas and returne to waird and ordaines the dean of gild to keip his
burges and gild tickitis presentlie produced and to clos up his booth doore
till the counsells fiu'ther advyse and pleasure.
2Srd June 1648.
[The Council and extraordinary deacons being convened] Forsamekle as [New professor
n ' • /-i n 1 n 1 T^- T of divinity.]
the plaice of being professour of divmitie in our Colledge called King James
his Colledge is now vacant through the deceis of umquhile M"" Johne Scharpe
laite professour tliairof and that the Provest baillies and counsell ...
liaveing the experience of the literature guid lyfe and uther giiid quahfica-
tiouns and abilities of doctor Alexr Colvill presentlie ane of the professom's
in the universitie of S* Androis thairfoir electis and nominatis the said
doctor Alex^ Colvill to be admitted in the said plaice. . . .
[The stipend of the regent of humanity is increased to 240" a year.] ^
Forsamekle as the General Commissar be his precept the threttin of May outreik . . .
last hes appoynted Archibald Sydserf to defray the expensis of the outreik
of the shipps men of warre and sicklyk hes appoyntit him to uplift the
soume of ten thowsand thre hundreth fyftie pounds fra the guid Towne for
' See p. 145 supra.
154 EXTRACTS FROM THE RECORDS
that use and in pakt of payment of their bygane monethlie maintenance
Thairfoir ordaines the Provest and baiUies to borrow the said soume. . . . ^
mth June 1648.
[Insults to Forsamekle as the Counsell being informed upon Weddensday the last
of May lastbipast of certane calumnious speeches uttered be Alex'' Brand
merchand againes the Provest [and] BaiUies of tliis brugli - they upoun
Thiu'sday tlie fii'st day of Jimii instant caused convein him to be tryed
and the Provest interogatting him in presence of Robert Sandilandes baillie
Archibald Sydserf and Joline Jossie auld baiUies and David Dowglas
deaken of the chhurgians whither or not upon Tuesday at night preceiding
he had uttered any base speiches againes him and the baiUies to M'' James
Brown saying that the baiUies could not be sein that day inrespect they had
beine di'inking with the Provest lait yesternight and that the Provest had
gottin a soir foott in drinking quhilk caused him keip his hous for he and
the baiUies the night befoir had druken twa and twentie or four and twentie
pynts of wyne and tliat Jo" Denhohue being in thau- comijanie wes soe
drunk that he wes not able to goe home to his hows without the help of
twa men to leid him The said Alex^ at the first denyed the saids speiches
bot the said M"" James being there present and caUed to testifie quhat he
knew thairin did verifie in his face that he had spokin the wordis and the
said Alexander thairupoun acknowledged the speaking thairof and that
in a disdainfuU maner of way calhng aUwayis the Provest Sir Provest till
being checkit for misbehaviour he answered if he will have it so Lord Provest
be it and being interrogat upoun quhat ground he had spoken the former
speiches he ansuered he had hard the samyne spoken be divers people
boott would not concUschend upoun any particuUar man and being prest
that if he delaited not his informer he would be taldn as author thauof and
punished accordinghe he answered that ane thowsand moe nor he would
justifie it bot that he would condishend upoun noe mans name Quliah--
upoun he wes committed to waird tiU he sould condishend upon his authour
Lykas upoun Weddensday the sevent of tliis instant James Fentoun deaken
of the taiUyeors in name of the said Alex'' presented ane biU and sujjphcatioun
to the counseU quhilk being read and considdered wes not found satisfactorie
not careing thairin any authoiu- of the said speiches nevertheles he wes
set at hbertie and ordained to appeir before thame the nixt counseU day
1 On 29th April Parliament determined that three ships of 20 gims and three frigates of
16 guns at the least should be equipped for four months to guard the coast. Sydserff was
named as one of three members for the bm-ghs on the Committee of Parliament for hiring
and equipping these ships {A.P.S. vi. (2) p. 49).
= See 21st June, p. 153.
OF THE BURGH OF EDINBURGH 155
The quhilk day being the nyiit of this instant the said James Fentoun
exhibite ane new bill in name of and subsryvit be the said Alexander
quhairin he condiscendit upoun Johne Stewart and Alex'' Crystie as his
authours of the said report Quhairupoun the counsell continued his Ubertie
from prisone the nixt connsell day thaireftir ordaining the baillies in the
interim to exaniin the saiclis Alex'' Crystie and Jo" Stewart thairanent
quho being examined be the baillies ... in the said Alex"" his awin presence
upon Saturday thaireftir they cleirlie denyed that they had evir spoke
anything concerning the Pro vest baillies or Jo" Denholme thairanent.
[The said Alex'' subsequently denied that he had ever spoken such words, or
confessed to speaking tliem in spite of evidence upon oatli that he had done
so] Lykas M"" James Broun and William Garvan being sent for to the
counsell and solemnlie sworne in presence of the said Alex'' they deponed
as folio wis viz. the said M"" James deponed upon Tuesday the tlirettie of
May betwix nyne and ten at night Alex"" Brand haveing corned in to liis
bootli to delyver his letter for Fraunce M"" James asked him if the six
sessionis had met that day He answered they had mett and all was right
The said M"" James asked if the baillies were tliair He answered they could
not be sein they had beine drinking with the Provest yesternight so laite
and that [they] had not comed furth as yet He had a soir fute that causd
him to keip the hous for they had drukin twa and twentie or four and twentie
pyntis of wyne yestirnight M"" James asked cpihair He answered ye know
he di'inks nane out of his awin hous and that than- was ane of [the] companie
quho would have beine thought to have borne owt much drink wes so full
quhen he came furth they behoved to help to carie him home M'' James
asked if it wes Ro* M<^Kean He said no bot at last laughing and humphing
he said it wes Jo" Denliolme To which M"" James answered that wes verie
straing And the said Wilham Garvan being examined deiJoned secundum
premissa . . . Quhilks depositioun being taken . . . the said Alex'' did
utter some disgracefull speaches agains the said M^ James as he went
throw the utter roome saying that lie had sworne weill for it and that he
would not have sworne so much for all the wyne in Edinbiu'gh quliairupoun
the said M"" James returneing and compleaning of the said Alex"" his mis-
cariage [he] was againe commandit to prisone [He petitioned the Council twice,
but refused to acknowledge his guilt, and tlie petitions were refused. Finally]
this day . . . the Provest and baillies finding the said calumnious and
fals speiches agains the Provest and baillies to be a fault of so hie degrie
and contempt tending much to the great ijrejudice of all authoritie and
magistracie and taking to consideratioun the said Alex"" his wicked and
maUcious persistance in his said contemptuous carriage have thairfoir . . .
fund him unwortliie of any further friedome within tliis brugh and . . .
156
EXTRACTS FROM THE RECORDS
ordaines liis burges and gild ticketts ... to be presentlie cancellit and
riven in his presence and his name to be delett out of gild bookes and
noe more to be halden as bm-ges and frieman of this brugh and his
persone to be set at hbertie quhairby he may take some uther course for
pro vy ding for himself and famihe. . . .
[College
printer.]
mh July 1648.
Apjjoyntis Gideon Lithgow to be printer to om* Colledge called King
James his CoUedge. . . .
[The accounts of the extent 1642-3 show a charge of 20,784" lO^, and a
discharge of 19,101" 7^. The accounts of the fines for the same year show a
charge of 387" 18" 8", and a discharge of 1,658" 12" 41.
The accounts of Thomas Mudie, treasurer for 1642-3, show a charge of
146,859" 7" 10" and a discharge of 151,461" 17" O*. The Town therefore owes
him 4,602" 9" 10'>. But Thomas Mudie owes extents for the years 1642, 1644,
1646 and 1647, amountmg to 1,636" 6" 8''. This is to be deducted from the
above sum, leavmg a balance due to him of 2,966" 3" 2''.
The accounts of the extent 1643-4 show a charge of 49,477" 16^ 8", and a
discharge of 47,540" 6^ 8'^. The accounts of the fines for that year show a
charge of .507" and a discharge of 1,585" 3" 4".
John Oljrphant is to be admitted gildbrother as prentice to Helen Syme,
widow of John Cameron, and David Grahame, her husband, and dispenses with
the neglect to book his indentures.]
[Superiority of
Potterow and
West port.]
7th July 1648.
[The Council and extraordinary deacons being convened] Forsamekle as
WilUam Thomsone clerk haveing be ordour of the Counsell coiicludit a
bargane with Su- Adam Hepburne of Humbie for the superioritie of the
Potterraw and West Port for the Touns use [payment is to be made to him
and bonds given for money borrowed for that jjuri^ose.] ^
Debeat
Counsell
Sessiouns
electioun
minis teris.
10th July 1648.
[The Council and extraordinary deacons being met] Forsamekle as upoun
Fryday last the seventh of this mstant tliere wes twa jsaperis jiresented
to the Counsell be severall of the ministeris elderis and deakens of this
brugh . . . the ane bearing a desyre to the Counsell to name four ministers
for supUeing the vacant places of the kirks witliin tliis brugh and tliat the
Counsell might meitt with the sex sessiouns for that effect and agrie togidder
upon the nominatioun befoir the dounsitting of the nixt ensueing Generall
AssembUe The uther jiaper bearmg a desyre to tlie Toun Counsell to joyne
with twa elderis of everie paroshe of this brugh for choosing and electing
• See p. 151 supra.
OF THE BURGH OF EDINBURGH 167
coinmissioneris for the General Assemblie for this tyme onUe and to declair
that the haill sessiouns in all tyme comeing may be called and have thair
voyces in the saids electiouns according to the actis of the general Assembhe
in the quhilk paper there is also a desyre renewed concerning the helping
of the ports shutt upon the Lordis day according to ane appoyntment of
the six sessionns daittit the sext of Apryll last The quhilk paper and desyres
thairin conteined bemg thane and this day at lenth read and serioushe
considderit be the Toun C'ounsell they have thoght good to returne this
answer that as they have alwayis caried and intendis to carie all dew
respect and reverence to the ministeris and sessiouns of this brugh and
in a freindlie and brotherhe [ ] upoun occasioun to take thair advyces
in such particuUaris as they think fitting and expedient so they cannot
bot [be] verie tender of the right and liberties of the brugh quhich be thair
solmne oathes they are straittlie obleidged to preferre and maintein and
to transmitt unviolatted and unprejudged to thair successours And con-
siddering that the right of patronage of the severall kirks built and to be
built within this brugh doeth undowttedlie belong to them Thairfoir they
hold themselves not obleidged to take advyce and consent of the khk
sessiouns or any uther persones quhatsoever in the nominatioun and
presentatioun of their ministeris no more than any uther laique patrone of
any khk within any uther brugh or in landward ar holden in than severall
presentatiouns to take advyce of the kirk sessiouns quhilk effect were to
destroy the right of patronage Lykas the Toun Counsell conforme to thair
right did present to the presbytrie on Weddinsday last twa ministeris
viz. M'' W™ Strathauchen presentUe minister at Aberdein for the south eist
paroshe and M"^ W^ Reath minister at Brichen for the south west paroshe
and ar reddie upoun the first occasioun to present a minister for the north
east paroshe And as for the foirrt place aledgit to be vacant be the trans-
portatioun of M"" Jo" Oswald he being removed be the presbritie without
the Counsells consent and agams than* will quhairupoun they maid
appellatioun fra the presbritie to the Generall Assembhe they conceave the
said place not to be vacant till sutch tyme as the said appeall be discust
Lykas in the electioun of the commissioneris of the General Assemblie they
conceive not themselves obUedged to take the consent or advyse of the
kirk sessiouns in respect the sessiouns have thair owin power and place of
sending commissioneris from the Presbritie of Edinburgh to the generall
Assemblie and thir commissioneris are not du-ect from any particuUar
kirk boot from a brugh Nevertheles they are content for this tyme and
but prejudice of their hbertie in tyme comeing that the ministeris and
elderis of ilk paroshe as they did in the last electioun have voyce with the
counsell in the electioun of the commissioneris foirsaids Lykas they are now
158
EXTRACTS FROM THE RECORDS
[Gravestones
in Grayfriars.]
readdie to adiuitt them and with their consent and advyce to ellect the
saids commissioneris bot if the samyne be refuised they must proceid in
thair electiouns without the advyse and consent foirsaid And to the thrid
desyre anent the keiping of the ports shutt upon the Lordis day they think
the desyre both pious and reasonable and thairfoir will give thair autoritie
and heartie concurrance thairin and for keiping the streitts in tyme of
sermon and eftir sermon as sail be thoght fitt be the Toun Counsell and
the kirk sessiouns And this answer the Toun Counsell returne under
protestatioun that they na wayis acknowledge any power or jurisdictioun
in the meittings of the sex sessiouns as ane ecclesiasticall judicatorie nor
that they acknowledge any desyres from them ane publict actis of ane
lawfull judicatories.^
Post meridiem, in Academia Jacobi Regis.
[M'' John Adanisone, principal, is elected commissioner to the General
Assembly from the College.]
nth July 1648.
Ordaines the dean of gild to remove all the carved stones in the Grayf reir
yaird that ar set at the heads of severell defunct persones quliilk be tyme
is lyk to take up the bounds of the Grayfreir yaird and may breid contest
heirefter and to appropriat the same to thair use and that within the spaice
of twentie dayes eftir the dait heirof.
Post meridiem.
[James Cochrane and James Fentoim are elected commissioners to the
General Assembly on 12"' instant by the Council and extraordinary deacons.] ^
Uth July 1648.
[The money of the merk per tun, after George Suittie has been paid, as has
nearly been done, is to be used for a proper roof to tlie church at the Tron.
Money is to be borrowed for that purpose and repaid from the impost.]
Sessiouns
Eiectioun
Ministerls.
28th July 1648.
Haveing takin to consideratioun the report maid be my lord Provest
anent the conference had betwix the commissioneris of the General AssembHe
viz. the Earle of Cassills, Lord Elchoe Mr Robert Blair M^ Ro* Dowglas
and M"" Johne Smyth and the said lord Provest Robert Fleyming Ro'
Mastertoun Hew Hamiltoun baillies George Suittie James Cochrane James
' This act shows clearly that the interference of the ministers in these matters was an
innovation.
^ See act of 10th July, p. 156, and offer to allow concurrence in the election as an exceptional
thing. Apparently the ministers refused.
OF THE BURGH OF EDINBURGH 159
Rucheid Ro* Meikljohne and David Dowglas for the counsell quhairby he
reported that M'' Ro* Blah" had proponed unto him and tlie rest of the
counsell how convenient it wes for this biu-gh in the electioun of the ministers
that the six sessiouns being the representative body of the church within
this burgh sould have than- voyce and interes for several! reasones be him
alleged The haill Counsell in one voyce unanimoushe found that as they
had a verie tender respect to the ministerie and sessiouns and will be loath
to present any but such as will be to all of them verie satisfactorie or to doe
any thing which in the least measour may give them the least offence So
upon the uther pairt they can not be takin to doe any thing wliich may
infringe the right of thair patronadge and ordaines the Provest in all
tendernes and respect to returne aziswer aecordinghe to tlie commissioneris
appoynted for the conference be the generall assembUe.^
Ordaines Johne Liddle Kirk thesaurer to content and pay to M"" Synron [Payment of
preacher.]
Knox for his bygane service in preaching in the Colledge kii-k for assistance
of M'' Johne Smyth the sowme of ane hundreth pounds.
2nd August 1648.
[Archibakl Sydserf and David Dowglas are appointed commissioners to the
Convention of Burghs at Burntisland on the 29th.] ^
9th August 1648.
[The monthly maintenance liavuig been increased by three months by the
Committee of Estates, the extenters are to add one quarter to the extent now
to be collected.]
nth August 1648.
[The Council and extraordinary deacons appoint John Greinleyis procurator
fiscal in South Leith in place of the late WiUiam Mortimer.]
IStJi August 1648.
Forsameklc as it being certainhe informed that the Prince liis Heiahnes Anent the
. . Princes
is to come to this kingdome and to this brugli with the first fair wmd and iieircomeing.
considering how necessar it is that some coiu-se soidd be takin for ressaveing
and intertaining liis Highnes in a decent and comely way as befitts such a
brugh to expres thair dewtie and affectione thairfoir [a committee of fourteen
is appomted to consult.] ^
' See act of 10th July, p. 156, and note.
^ See Records Convention Royal Burghs, iii. 333, rehearsing certain acts of this Convention.
' The Hamilton Papers (p. 232) give the instructions from the Committee of Estates to
the Earl of Lauderdale to go to Holland and invite Prince Charles to Scotland, dated in
July. On 16th August the Earl wrote to the prince from " Dounes " conveying the invitation.
A letter of the prince, of tlie same date, announces his intention to join the Scots army in
England. The day before this letter, that army, under the Duke of Hamilton, had been
defeated by Cromwell at Preston.
160
EXTRACTS FROM THE RECORDS
[Suspension of
Mr William
Colville.]
[Mr Hamilton
to Ireland.)
[Slater
burgess.]
Extraordinair
gaird for the
Toun.
Haveing taken to thair serious consideratioun the bill presented to them
be the elderis deakens and uther f)arischioneris of the southeast paroshe
of this brugh humblie showmg that quhau-as it pleased the laite generall
assembUe to suspend for a certaine tyme thair minister M'' William Colvin ^
and that thair is no kirk in tliis burgh furneist with two ministeris excejjt
the northeast [sic] be M"" George Gillespie and M'' Robert Laurie That thairfoii'
the counsell would take course quhairby the said M'' Robert may exercise
his functioim dm-eing the t5Tne of the said M'' WiUiam his suspentioun . . .
the quliilk desyre the Counsell finds reasonable and sail take course that
the same be done with all expeditione.
Forsamekle as M'' James Hamiltoun ane of the ministers of the south
paroshe of tliis burgh . . . maid remonstrance mito the Counsell that at
this tyme he had pressing occasiouns to goe unto Irland for the space of
fyve or sex weikes and to the effect his parocliineris be not disappoynted of
preaching be liis absence obleidged liimself to condishend upon sick able
actuall ministers as sould supphe his place in preaching once ilk Soonday
and lykwayis in sick weik dayis as sail faU to liis torn- and that befoir his
goeing he sail sie the Presbitrie take course for suppheing M^ Andro Ramsay
his pairt of the said chau-ge.^ [The Council grant him permission on these
conditions.]
The Counsell finduig great necessitie of more able sklaitters thane at
this present hes friedome within this brugh and haveing experience of the
abihtie and honestie of [ ] Gray ordinarhe residing in Glasgow and
taking to consideratioun of his earnest desyre to employ himsehf in the
service of this burgh at sic reasonable pryces as the Counsell thinks fitt . . .
Thairfoir they have thought fitt to graunt unto him the friedome of a burges
dmreing his lyftyme gratis. . . .
Ordaines Johne LiddeU kirk thesaurer to content and pay to M'' Jo°
Halybm'toun . . . ane hundreth pounds for his bygaine service of
jjreatching. . . .
' Colville had incurred the displeasure of the Church by refusing to read the Declaration
by the Commission of Assembly as to the Engagement, having scruples about it. He also
refused to testify his dislike to the Engagement. Tlie proceedings against him lasted from
21st March to 5th June 1648, when the matter was remitted to the jurisdiction of the
presbytery of Edinburgh (Proceedings, i.). For N.E. ch\irch read North.
^ Mr Andrew Ramsay, like Colville, had scruples about the Declaration and had not read
it. He also refused to denounce the Engagement, and was accused of unsound doctrine
with regard to it and for praying for the I^^ing in terms displeasing to the Commission. The
proceedings against him dragged on from 22nd March to 12th June, when his case was
remitted to the General Assembly. At the end of January 1649, Ramsay, Colville and
Lawrie, with ministers from other places, were cited to appear before the Commission '" to
answer for their accession to the Divisive Supplication intended to have been given in to the
Assembly." This matter was still under examination in .June of that year (Proceedings,
i. and ii.).
OF THE BURGH OF EDINBURGH 161
2Srd August 1648.
[James Auld, servant to the Earl of Crawford and Lindsay is to be made
burgess and gildbrother gratis.]
3l5« August 1648.
[The Council and extraordinary deacons] being informed that a great ^^^jf^'^SJ^j'JfJ''
number of the leidges of this realme are assembled in a warlick maner Toun.
quhairby this burgh may be surprysed or indangered . . . they liave
ordained and ordaines that this night four haill comiiames sufficientlie
armed with musket powder ball and match doe keip cairfuU watch and
suffer no armed persons to enter within the gates thairof without speciall
licence of the magistrates and so everie night heii-eftir till they be dischairged
thairof. . . . ^
Ist September 1648.
[The Council and extraordinary deacons] ordaines the dean of gild to [Hmgcss-ship
^ " p ^ for messenger.]
conferr the libertie and priviledge of burgeship on [ J Captaine of the
catch wliicli brought home Allane Cathcart servitour to the Earle of
Lauderdaill from the Prince at the Downes roade gratis. . . . ^
Post meridiem.
Ordaines the dean of gild to delyver to Cai^taine Crawfurd ane of the
captaines of the towne of Leith the number of ane hundreth musketis with
bandileires. . . .
Irtd September 1648.
Compeii'ed my lord Provest and made report from the Committee of [r'^f^'fo ^°^
Estaites that the President of the Committee of Estaites propound unto
him whither or not the Toun of Edinburgh wold give enterance to and
passadge through thair Towne for a garisone of men quhich the Committee
did intend to put in the Castle for seciiritie of the Kingdome To the quhilk
the lord Provest maid answer that under favom' lie thought not such a
propositione fitting for the Toun of Edinburgh and that if any sutch thing
were desyred that he and the counsell were resolved to suffer no regiments
nor companies of men to resave enterance to thair burgh bott they are
confident and will indeavour to keip thair awin nighbours and inhabitants
in so guid and peaceable ordour as the Committee of Estaites and uther
' See note 1 on p. 162. - See p. 159 supra.
h
162 EXTRACTS FROM THE RECORDS
publict judicatories may saflie sitt and reside thairin as in former
tymes.^
Ordaines the keyis of the liaill ports of this brugh to be delyvered nightUe
to the baiUie of the watch who most be answerable for the same.
ith September 1648.
Post meridiem.
Commissioneris [Tlie CoiincO, extraordinary deacons, fourteen neighbours and the captains]
to the forces, takeing to thair consideratioun the commotiouns and troubles of the
countrey and (as they are certainhe informed) considerable forces from
the West countrey upoun thair march toward tliis Toun ^ and considdering
how prejudiciall the entering in of armed men may be to this brugh without
advyse and consent of the counsell and befou' the manifestatioun thair
resolutiouns might be to the peace and tranquiUtie thairof Thairfoir have
thought fitt to addres and direct the commissioneris eftirspecifeit unto the
saids forces with the instructiouns and missive letters quliairof the tennours
are underwrittm Instructiones from the Provest bailhes counsell and
committee of the brugh of Edinburgh to Robert Fleyming baiUie Sir Jo"
Smyth Sir James Stewart and James Monteith their commissioneris to be
sent to my lord Chancellour and uther noblemen and commanderis of the
forces quhich are one thair marche from the West 1) Yow sail with expeditioun
goe towardis Linlithgow or any uther place quhair yow have intelligence of
their beeing and if yow find any parties of hors [or] foott be the way yow
sail enquyre for thair cheif commander and desjrre to know of him if he
%vith his pairtie hath ordours to come to this To^vne and in that caise
shall show unto him that ye are sent as commissioneris from tliis brugh to
treat with my lord Chancellour or any uther noblemen leaderis and
commanderis in cheif of the armie and that thairfoir he would be pleased
to foirbear his approach to the Toim till yow haveing met with the saids
' The subject of the garrison of the Castle was always a vexed question. See Extracts,
1626-41, pp. 231, 235, 236, narrating the difficulty of King Charles in getting a garrison
admitted. The following extract from the manuscript minutes of the Conunittee of Estates
on 13th March 1646 shows that the Town Council was not consulted invariably in the matter.
" The Committee of Estats thinks fit that the fourescore and ane soukliers presentlie in the
Castle of Edinburgh be kept as a garison in the Castle, till the Committee take farder order to
therin And that there be a Cap tan Leiutenent three serjants three corporalls tua drummer
and captane at Amies wright and a smith canoniers quherof 2 to be wryghts And recommends
to the Committee of Money to provyde for their enterteanment and pay whiche is to be the
same that other garisons in the countree has."
^ The advance of " well affected people of the west " or Whiggamore Raid (see Balfour,
iii., p. 388). It was organised by the Earls of Eglintoiui and Loudoun, the latter having
abandoned the Engagers and joined Argj'U and other opponents of that venture. The forces
under them occupied Edinburgh, while the Engagers withdrew. With the Church on their
side, it was not long before the former assumed the government. The negotiations for
disbandment of the Engagers' forces are in the Proceedings of the Committee of Estates.
OF THE BURGH OF EDINBURGH 163
noblemen he may from them resave further ordours Secondlie ye sail cairfuUie
enquyre for M'' Ro* Dowglas and M'' Johne Smyth our ministeris qulio
are gone befoir and take thalr advyce and heartie concurrance in qxihat
way to prosecute the busines intrusted to yow Tliridlie when ye sail meett
with my lord Chancellour or the commander in cheif of the armie ye sail
represent unto them that so soone as we resaved advyse of the first alarme
we conveined the Counsel! and unanimousUe resolved to keip a strong
guaird and to j^ermitt no souldiers to enter our brugh or to pas into the
Castle thogh haveing ordours from the Committee till sick tyme thair
resolutiouns were maid knowne to the magistrates and the consent of the
said magistrates oljteined thairto and that accordinglie we continew in
keiping strong guairdes till farder advyse Fourtlilie ye sail represent unto
them that as we dowbt not of thair honorable sinceir and pious intentiouns
and resolutions in prosecuting all the endes of the Covenant quhairin also
we have bein ar and sail be most zealous and willing so we expect that
their lordships will not pres us to resave within our brugh any regimentis
trowps or companies of souldiers except allenarlie such noblemen gentlemen
and utheris as in the accustomed civill and peacable maner have occasioun
for tlie pubhct affanes of the Kirk and Kingdome or for thair awin privat
affaires not prejudging our priviledges and liberties 5) Item you sail upoun
all occasiouns direct unto us expressis and posts with advyse of the
conditioun of affaires quhairby we may be the better enabled to carie our
selves prudenthe to the contentment of all godhe and honest countremen
Sic subscribitur A Tod Provest Ro : Maistertoun baillie Hew Hamyltoun
baillie Ro* Sandelandis baillie.
Followes the missives the first quhairof direct to the right noble and
potent Earle of Lowdoun high Chancellour of Scotland or to any utlier
commander in cheiff of the forces raisd in the west at Linlithgow or elsqidiair
thes Right honorable and our verie guid lordis Being informed that yoiu-
Lordships with a considerable armie are upoun marche towardis tliis brugh
and being verie confident of the justnes and equitie of your honorable
intentiouns and resolutiouns we have thought fitt and expedient to adch-esse
and direct unto yow the beareris heirof Robert Fleyming ane of our present
bailUes Sir Johne Smyth Sir James Stewart and James Monteith our verie
trustie nighbouris and conburgessis with particullar instructiouns to present
unto your lordships that it is our humble desyre (for preveirtmg all mistakes
and that we may the better know how to carie our selves) that your lordships
wold be pleasd to condiscend with them upoun sick particuUars as is fitt
for us to doe in relatioim to the proemoving of the pubhct warke of reforma-
tioun and all the endes of the Covenant the pubUque peace of this Kingdome
and the libertie and weillfaire of this our brugh Quhairin as we doubt not
164 EXTRACTS FROM THE RECORDS
of your lordships constant zeall so we sail endevoiir to behave our selves
as becomes guid Cristianes and cittizens and your lordships most humble
and obsequous servandes the Provest and baiUies of Edinburgh [Signed as
above] Edinbm'gh foiurt Sepf i^ vi^ foiurtie eight.
Followis the missive chrect to the right honorable and our verie noble
freind Liut. GeneraU David Leshe ^ at Linhthgow or elsquhair thes Right
honorable Haveing the occasioun to send the beareris heii'of our com-
missioneris for treatting with the lordis and uthers leaderis of the armie
from the West and hopeing that yoiir honour may probabhe be with them
your manifold former favours towardis us have enboldned us be thii' presentis
to intreat your honours concurence and assistance to them in quhat they
have to doe conforme to our particullar instructiouns for the pubUct guid
of the Kirk and Kingdome and this brugh quhairof as we are most confident
on youT behalf so we sail be ever most readdie and wiUing to have reall
testimonie of oiu: respectis to your honour as being your honoiu's most
faithfull and humble servandis the Provest and baiUies of Edinburgh
[Signed as above] Edinburgh the fourt of Sepf i'^ vi*^ fourtie eight.
Qth September 1648.
[The accounts of the Treasurer for the year ending Michaehnas 1645 show
a charge of 95,527" 12^ 10" and a discharge of 97,975" 16^ 2". Because he
advanced the money in which he is overspent he is to be allowed the annualrent
thereon, being 6J per cent, for three years, and the Council will give bond for the
repayment of both principal and annuahent at Martinmas next. And because,
on account of the plague, the treasurer was not able to collect the whole impost
on wine, the Council accept 359" which the Treasurer declares was all he could
coUect.]
8th September 1648.
Post meridiem.
Regiment to be [The Comicil, extraordinary deacons, some neighbours and the captains
Chancellor being assembled] The Provest baiUies and counsell be command of the Lord
desyres! Loudouu high CliancellouT of Scotland haveing convened the Counsell
captaines and nighbours for resavemg certane overtiu-es from his Lordsliip
tending to the pubUct service of this Kingdome the said lord Chancellour
maid a speache unto them qidiairin he did remonstrat the great damger
of rehgioun King and Kingdome and that now the noblemen gentlemen
and uthers of the West countrey and uther places of the Kingdome out of
thair zeall to the caus had convened so frequenthe he expected that this
brugh would not be deficient moir now thane in former tymes m giveing
thair assistance and that his owin opinioun wes it might be satisfactorie
^ General Leslie was of the party of Argyll.
OF THE BURGH OF EDINBURGH 165
if we would put out a regiment of fyve or six hunder men quhom he wes
confident would not be imj^loyed longer thane ten or fyftein dayes And that
we sould make nominatioun of our awin ofiiceris recommending (if so the
Counsell thought fitt) Colonell Colin Pittscottie to be a fitt man for a
Colonel without prejudice to the counsell to make choyce of him or any
uther at thair awin i^leasiu'e and that we would provyde maintenance for
our men for the spaice fonsaid and that the tyme being pressing it were
expedient that with all cheu-fullnes and sjjeed the bussines might be effectuat
and discoursd at large to the j^urpose foirsaid Eftu- quliilk his Lordship
removed to expect the counsell and nighbours answer Quhilk speiche the
counsell haveing weyed and seriouslie considered and being verie effectionat
to the pubhct service they all unanimouslie concludit to give my lord
Chancellour this answer that tliey would use their best indeavoiu's to put
out a regiment and to provyde for them dureing the spaice foirsaid and
that they wold goe about it with all sjieed Quhillv answer being delyvered
be the lord Provest the lord Chancellour accepted verie hertihe thairof
and returned them thankes accordinglie.^
9th September 1648.
[The Council and oxtraorduiary deacons being assembledj Forsamekle as Regiment
the lord liigh Chancellom- haveing sent unto the Provest [and] baillies ane upon nin""''
command under his lordship hand quhairof the tennour followes I did '-''™'''''^ ''^"^'•
exjiect certainlie that according to yom' promeis yow would have chosin
your commanderis and the jjarticuUar maintenance of your officeris and
sodgeris befoir the dissolving of your meitting quhairin I heir yow have
failled These thairfoir are to requyi-e yow to draw all yoiu: companies to the
abbey clos and to draw out of them sex hundreth sodgeris of your best
and ablest men to marche weill armed and jirovydit with ammunitioun to
the randevous at Leith againe nyne a cloak in the mornuig this day under
paine of death the los of thair wholl money goodis and Uberties And that
able and faithfull Commanderis be sent fm-th with your sodgeris Given at
Edinburgh the nynt of Sepf i"' vi'= fom'tie eight Sic subscribitur Loudoun
cancellarius For the lord Provest and the baillies of Edinburgh The Counsel
being advysit heirwith ordaines proclamatioun to pas tlu-ough this brugh
commanding the haill inhabitantes to attend than' cullours to the effect
foirsaid under the paines abonewrittin.
' The Earls of Crawford, Lanark and Glencairn were still in arms with the remnant of the
Engagers' army and were standing out for terms for themselves. Their attitude to the
invading army under Cromwell and to the rising in the West was such as to show the possibility
of another civil war. Indeed a part of their army, under General Sir George Monro, beat off
Argyll and his Highlanders when they attempted to capture Stirling Castle. At the time
of the above act, tliey were at Hadtlington. Hence tlie anxiety that Edmburgh should
provide a regiment.
l2
166 EXTRACTS FROM THE RECORDS
. . . Unanimouslie electis nominatis and choyseth Colonell Colin
Pitscottie to be Colonell of the said regiment.
11th September 1648.
Prociamatioun [The Councll, extraordinary deacons and Sir John Smyth and Sir James
souwle'TOtoUie Stewart being convened] Forsamekle as it is foiuid necessar that for
touns regiment, preservatioiui of Rehgioun King and Kingdome there be ane regiment
raised be this brugh of Edinbm'gh and that they marche to the leaguer
betwix and eleven hoiu'is this foirnoone Thairfoir ordaines prociamatioun
to pas through this brugh requyreing aU souldiers and gentlemen who are
■willing to take on the said regement that they will repair instanthe to the
Parliament hoA\"s and yaird thairof qidian tliey sail find the magistrattes
readdie to accept them qulio hath condiscendit to gramit unto them a
pay eight schillings Scottis per diem Lykas they are reacUe to advance befoir
hand to everie man quho will undertake ane full monethis pay at the rate
foirsaid beuig twelf pundis for ilk souldier monethhe The lyke prociamatioun
for Leith and another for the Camiogait.
(Firing of Ordauies prociamatioun to pas tlurow this brugh that no persone quhat-
muskets.] soever dischairge than musketts with ball be day or night within this brugh
without special! command of thair captaines and officers of guaird. . . .
12th September 1648,
[The Council and extraordmary deacons bemg convened] Forsamekle as
the lord Chancelloin hath derected ane warrand for furnishing of Sir James
Stewart with souldiers to execute pubhct ordours Thes ar thairfoir to ordaine
the Provest and baUhes to give warrand and command to the baillies of
Leith to furneis twentie or more souldiers to the effect foirsaid according
as they sail find the lord Chancelloui's warrand to requyre.
Letters . . . Ordaines the Provest and bailhes to wTytt letteres to the burghs of
Hadingtoim and Lauder as also to Sn James Nicolsoun of Colbrandspath
desyreing tliair cair in procureing and sending to us intelegence of the
motiomis of any forces from om borderis to\\'ardis this place and that the
letteres carie that qidiatever chairges or exjjensis they are at that the same
sail be repayed to them so oft as they sail send in the accompts thairof.
[Favours to Forsamoklo as the lord Provest bailhes and counsell at the tyiue of the
regiment" retumo of OUT amiie from England ^ were pleased to put a favour on the
officeris of tliair regiment and thairupoun ordained the severaU captaines
employed in that service for thair fidehtie thairin to be maid burgessis and
' Tlie liomewaril marcli of tlie army began about 30tli January lC-t7, after tlie surrender
of the King and tlie agreement with the English Parliament for repayment of the costs of
the campaign.
OF THE BURGH OF EDINBURGH 167
gildbrethren of this Inirgli And now taking to consideratioun tliat tlirie
of the saids captaines viz. Captaine James Cimynghame Captaine James
Flaebairne and Captaine David Murray have now againe undertakin the
chairg of thrie companies of the regiment now leivied and considering that
tlie said thrie captaines at tliat tyme reaped no benefite be the said favoiu-
confen-ed on the ofificeris in regaird they were at tlie tyme actuall burgessis
and gildbretheren Thairfoii- the Counsell being sensible of thair guid service
ah-eadie done and now in this employment to be done for the qidiilk a
mark of favour aught to be put on thein ordaines that for all tyme to come
dureing thair lyftyme they be frie of payment of extentis within this brugh
and liberties thairof and that dureing thair service in the said employment
thair wyfes and famiUes be frie of watching and wairding.
[A regiment having been raised under the command of Colonel Pitscottie] Pay to the
and considering that the officeris thairof stand greathe in neid of many regiment,
necessares to be by them provydit for thair accommodatioun in the service
Thinks it fitt that ane half moneths jiay be advanced unto the Colonell and
Lieu* Colonell and uther officeris of the staffe as also the the Keu's ensignes
and serjandis of the severall companies and that the thrie companies raised
furth of the nighbours of this brugh being than- awin burgessis sould be
supplied with ane haill monethis pay ^ and that thair be ten baggage hors
provydit for the said regiment consisting of fyve companies Thairfoir
ordaines the thesaurer to content and jDay to the quarter masteris of the
regiment . . . the said half monethis and haill monetlus pay to the severall
officeris respective togidder witli fyve hunder pound Scottis for the saids
baggage hors being fyftie pounds for ilk hors and ordaines the foirsaid
pay to be accompted and allowed up to the General Commissar out of the
first end of the monetlilie maintenance. . . .
IM September 1648.
Compeird the lord Provest and produced the lettre underwrittin direct Letter from
to the Provest and baiUies of this brugh fra the lord Chancellour from campbeiifor
Falkirk as followes My lord provest and baillies Our armie being in great tiieanuie.
necessitie for want of intertainment We doe thairfoir desyre your Lordships
to have a speaciall caii- to hasten liither all the provisiouns of bread and
cheis or uther victualls necessarie for the use of the armie and also to be
assisting to Su- James Stewart John Denholme and Robert Lockhairt who
are commandit to goe activalie about the performance thairof all which
' The proclamation forbidding servants and apprentices to leave theii' masters (p. 149
siipra) hints that the remaining companies may have been made up of iinfreemen, young or
older, not burgesses and possibly not even inliabitants of the burgh. Previous Town regiments
probably were recruited in the same manner.
168 EXTRACTS FROM THE RECORDS
yow are requyred to doe as yow will answer the contrail" at your outmost
perrill And for your obedience heii-in thes sail be your sufficient warrand and
according as yow behave your selffs heirin so sail yow be esteemed of by
your affectionat freinds. . . . ^ Quhilli letter being read in counsell they
remitted the sending an answer to the nixt counsell day.
I5th September 1648.
[The Council and extraordinary deacons being assembled, John Twedie,
younger, smith, is appointed master smith to the Town in place of the late John
Scott.] 2
The Counsell . . . have thought good to advance the number of ane
thowsand bolls aitt meill for the use of the armie and heirby gives ordour
to Jo" Denholme to buy the same in the Touns name to the use foirsaid.
20th September 1648.
[The collectors of extents are to use execution against such as refuse to pay
by jjoinding, imprisonment or anj' other way the Magistrates may order.
The accounts of the extents for 1645-6 show a charge of 33,610" 11^ 4<i and a
discharge of 32,566'' 17^ 6''. The accounts of fines show a charge of 463" 4^ 6''
and a discharge of 448" IS^^ 8''.
The accounts of the dean of gild for the four years of his office, 1643-7, show a
charge of 26,101" and a discharge of 24,721" 18" 4''. He is to be charged with
the balance of 1,379" P 8d in his fifth year's accounts.
Tlie bailies are to lend to the kirk treasurer 4,000" for the ministers' stipends.]
21st September 1648.
Act for quarter- [The Council and extraordinary deacons being convened] Compeired
regiments. Colouell Coliu Pltscottie and produced ane warrand from liis Excellencie the
Earle of Leven cjuhairof the termour followes By his Excellencie the earle
of Leven yow are heirby ordered to quarter the whoU foott regiments in
the toun of Leith Cannogait West Port Potterraw and Pleasance by the
advyse of the Toim Counsell of Edinburgh and haveing espeaciall cair
there be no wTong done in the quarteris by officers or souldiers . . . sic
subscribitur Leven For Colonell Pitscottie In obecUence to the quhilk ordours
the Provest baillies and counsell causd quarter the regimentis as followis
ColoneU Inneis his haill regiment in the Cannogait Pitscottie his regiment
in the Cannogait and Pleasance Colonell Mure his regiment in the Potterraw
and Colonel Brymer his regiment in the West Port till farder ordours be
given thairanent.
' A copy of this letter, dated 12th September, is found in the records of the Committee
of Estates. The army under the Earls of Crawford, Lanark and Gleneairn was encamped
at Stirling.
- The Council Records have no previous appointment of a master-smith.
OF THE BURGH OF EDINBURGH 169
"I'lnd September 1648.
Compeired the present deakens of the furriours wrights massouns [Supplication of
baxteris fleshours wobsteris wakeris and bonnetinakers of this brugh and election of
presented a bill and sui^phcatioun befoir tlie counsell liumbUe sliowing the councillors.]
great prejudice the deakens of the foirsaids craftis hes susteined these
twentie yearis bygane be the sex deakens of the uther crafts . . . pretending
and alledging that in the yearlie electioun of the sex deakens counselleris
they hes some particullar right or continued custome to be ordinarie
counselleris and the saids petitioneris and deakens of thair craftis to be
alhvayis extraordinarie deakens and not capable to be admitted upon the
counseU expresUe contrair to the liberties and priviledges conteined in the
sett and decreitt arbitrall maid thairanent anno Ane thowsand fyve Imndreth
foii'scoir thrie ^ and thairfou- desyi-eing ane act may be past for preventing
of aU misunderstandings in tyme to come quhairin it may be declared that
for the future in the said electioun of sex deakens to be counselleris no
respect to be liad to the deakens of one craft more tlian to the deakens of
ane uther Bot to such sex of tlie haill fourtein deakens cjuhom the counsell
for the tyme sould find to be most quahfied and quhom they sail tliink
fitt to make choyce of in a frie electioun conforme to the tennour of
the sett aUenarlie Quliilk supplicatioun the counseU finds reasonable and
thairfoir declares that no deaken can pretend right to the priviledge of elec-
tioun to be counseller ane moir thane another bot that the samen electioun
of sex deakens to be counsellours out of the haill fourtein deakens doeth
not onlie dejaend upoun the voiceing of the counsell consisting of nyneteine
of thair number and they to ellect such sex of the fourtein as they sail find
to be most quahfied for the pubhct service of the brugh and quhom they sail
think fitt to make choyce of in a frie electioun without respect of ane craft
more than another conforme to the tennour of the sett and decreitt arbitrall
of the daitt foirsaid in all poyntes Quhilk friedome of electioun of deakens
counsellours the Provest baillies and counsell ordaines to be observed
punctuallie in aU tyme comeing. . . .
[The tacksmen of S' Paul's work having repaid to the Town treasurer the
sum of £1,000 sterling, being M' Robert Johnston's legacy. The treasurer by
act of Council 2"'' June last advanced from the said money towards the payment
of 40,0001' for exemptmg the Town from levying a regiment for the Engagers
the sum of 5,000 merks. He is to be charged with the remaining 13,000 merks.
' The discrimination between the various crafts, as eligible for the Council, is found in 1569,
when it was laid down that crafts " quhilkis had the handling of mennis sustentatioun " might
not be on the Council lest they vote to their own advantage, and that " cordinaris " and
others " of sic rude occupatioun " were not eligible (Records, iii. 263-4). The practice of
choosing the Council deacons from the six crafts was more than twenty years old. It is
founil habitually from 1589.
170
EXTRACTS FROM THE RECORDS
[Company for
Watch.l
The Council agrees witli Lieut. Colonel Affleck to keep a company of 00
soldieis with a lieutenant, two Serjeants and three corporals for guarding the
Town, instead of the ordinary watch of inhabitants. These are to keep the day
watch and the Colonel or some of his officers are to see to the setting of the
night watch, which is to be kept by the inhabitants. He is engaged for six
months at 200 merks a month. The pay of the others is laid down, but they
are to be retained only durmg the Council's will.]
Letters from
the Committee
of Estaites dis-
chairging the
electiouu of
Ingadgeris to
be magistrates.
21th September 1648.
[The accounts of the treasurer for 1645-6 show a charge of 66,344'' 17^ 2''
and a discharge of 71,301'' 4^ 2''. The Council grant bond for repayment of the
balance with interest.]
Compeird the Earle of Cassills and Laird of Cesnok sent to the Counsell
from the Committee of Estaites now sittand and presentand the twa actis
of Committee daittit the twentie twa of September instant togidder with
the instructiouns underwrittin quhairof the tennoiir foUowis Instructiounes
for the Earle of Cassills Laird of Cesnok and George Gairnes Yow are to
resentt to the lord Provest baillies and To^v•ne Counsel! of Edinburgh in
name of the Committee the printed actis of the twentie twa of September
and in obedience thairunto desyre them to have a speaciaU caire that in
the electioun of thair magistrattis and comaseUoris for tliis year they make
choyce of non but such as are capable of place and trust by the said act
Yow sail fm'ther requyre that none have voice in nor be present at the
electiomi but such as are qualified in maner exprest in the said act and
particuUarHe who have not subscryved the band Sic subscribitur Loudoun
canceUarhis I. P. D. Com. And imediathe thatreftir the saids actis of
committee and instructiouns were read in presence of the counsell and
they being advysed tliairwith fand the samen verie strict and reflecting
upoun all the members of the counsell and thairfoir continwed the electioun
of the new counsell tUl they had the Committies true sence and meaneing
thairin and declaratioun thairanent.
Anent the
electioun of
magistrates.
Post meridiem.
Ordaines the baillies Robert Fleyming and Hew HamUtoun with Jo"
PoUock to repaire to the Committee of Estaites and to represent unto thame
that the CounseU imanimouslie were resolved to make choyce of such
counsellours and magistrattis as they were confident sould be satisfactorie
to thair Lordships and to the whoU weill affected witliin this Kingdome
Bott that they had some scrouples anent the persones who were to have
voice in the electioun be reasone of the instructiouns presented unto them
from the Committee in the foirnoone be wliich the sett or decreitt arbitral!
OF THE BURGH OF EDINBURGH 171
ane thowsand fyve hunder fourscoir tlirie seimed to be infringed and
tliairfoir to desyre some furtlier cleiiing in the said bussines.
[Tlie Council elections arc postjjoned till the forenoon of the next day.]
28th September 1648.
Conipeh-d tlie baillie Robert Fleyming and producit the declaratioun [Quaiiflcation
P , , . , . . , . , . r 1 1 • of magistrates.]
01 the C onmiittee underwrittin anent than sens and meaning oi tlie electioun
of the counsellours and magistrattis for tlie year to come . . . The
Committee hath considered the desyi'e of the present magistratis and
counsell of Edinburgh and doeth retiirne this answer that they have alreadie
signified thair mynd touching the maner of the electioun of the magistrattis
and Counsell for this year and they doe now requyi'e that they make choyce
of such jjersones as are qualified according to the act of the Committee
published in print and as are truelie faithfuU for advanceing the worke of
reformatioun and the publict service of the Kingdome as they will be
answerable to this Committee and to the Parliament In all which we doe
declau- there is nothing intendit to the i^rejudice of the priviledges and
liberties of the Toun of Edinburgh. . . .
4:th October 1648.
[The CouncU and extraordinary deacons being convened] Comjiened the Debarring of
earle of Cassills the lord Advocat Sir Archibald Johnstoun and George tiie old baiiues
Jardin and presented to the CoiniseU the twa paperis direct to them from saiouris for tiiis
the Committee of Estaites quhairof the tennour foUowes Edinburgh the '
foiirt of October 1°^ vi*^ fourtie eight The Committee of Estaites haveing
takin to then mature deliberatioun the electioun of commissioneris to the
ensueing ParUament in shyi'es and brugliis and the electione or continuance
of magistratis within brughis or any uther publict judge minister or officer
atlier in brugli or landward and finding that the act of the twentie twa of
September last is not fuUie and clearlie understood they doe ordaine that
according to the articles of agriement of the twentie six of SeiJtember all
such as have bein imployed in any pubhct place or trust quhatsoever within
the kingdome and have bein accessorie to the lait engadgment sail forbear
the exercise of thair places and sail be excludit from haveing a voyce in
electiouns alsweill as from being elected and from sitting in Counsells
commit ties or any uther judicatorie as memberis or clerkis ^ and incaice
any persone or persones of quhatsoever quaUtie or degrie guiltie of any
' Earlier proceedings not printed sliovv that tlie Coiuicil already had disregarded a part of
the Committee of Estate's desire and eonducted their election in the usual way, electing new
councillors and making leets for and electing the Provost and magistrates.
172 EXTRACTS FROM THE RECORDS
of the cryines and faultis exprest in the act of the twentie-twa of September
sail not forbear the exercise of thair places according to the said agriement
the Committee of Estaites doeth declair that they sail be lyable to j^ublict
challenge for any thing done by them in relatioun to the said Engadgment
against England or uther crymes or fanltes exprest in the said act . . .
and that nane may jaretend ignorance lieirof tlie Committee ordaines this
present act to be pubUshed at the mercat croce of Edinburgh and uther
places neiclfull as also to be printed. . . . Edinburgh the foittt of October
jm Yic fourtie eight The Committee tliinks fitt and recommend to tlie
Provest and baiUies of Edinburgh that they place a sufficient guaird at
the court of guaird neir the croce to attend the Committee in the ordinare
place of meitting in the Parhament hous for some dayes until they resave
further ordours.
The quhilks papers being read in open counsell the lait provest Archibald
Tod the fowr lait bailhes Ro* Fleyming Hew Hamyltoun and Robert
Sandilandes with Ro* M^Kean deaken of the skiimeris removed themselves
furth of the Coimsell hows to attend the CounseUs resolutioun quliairupon
the Comisell haveing serioushe considerit the fotrsaid ordour of the Committee
of Estaites and finding that the giveing obedience to the ordour of the
Committee is the reddiest and fairest way for preserveing the priviledges
of the Toun and secim-eing the saids persones removed from any danger
in thair bodies or estaites quliilk they might have inciu'rd be the act of
the twentie twa of September last and be the certificatioun of the foirsaid
ordour they thought fitt to make ane new electioun of able and quahfied
persones to be counsellers in thair plaices [and proceeded to elect Sir WilHam
Dick old provost, four old bailhes and old dean of gild. Also they ordered the
skinners to present leets for the election of a new deacon.
Patrick Thomsoiie is elected water and baron bailie of Leith and John Liddell
baron bailie. John Buuiy is elected baron bailie of Broughton and baihe of
the Canongate quoad criminalia. John Patersone and George Cairncroce are
bafiies of the Canongate quoad civilia.]
6th October 1648.
[Greetings to Appoyutis the four baiUies the old provest the deaken of the cliii'm'gianes
and thair Clerk to goe doim to the Cannogait in the eftrrnoone and in the
counseUs name to salute the lord Cromwell heut. Generall of the EngUshe
forces. . . . ^
* He stayed in the Earl of Moray's house in the Canongate, dined with the Marqui.s of
Argyll and Wariston and met the leading ministers. Of the nobles he wrote that " he found
nothing in them other than what became Christians and men of honour," a judgment hardly
borne out by the facts. One of the ministers, at least, was not favorably impressed by the
General, cliaracterising him, among other things, as " an egregioas dissembler." The
OF THE BURGH OF EDINBURGH 173
Forsamekle as the Committee of Estaittes ... be thair act of . . . Namesofstrain-
the sext of this instant for the causis thairin conteined hath ordained all g^venhi.'
thes qiiho have beine in amies for prosecutione of the lait engadgment
againes England or quho have bein in amies under the command of the
Earle of Lanerk or have joyned in amies with thes under his command or
with the remainder of the armie returned out of England under the command
of Colonell George Monro ^ and uthers to depairt out of tliis Cittie and
suburbs thairof within the spaice of fourtie eight houris after publicatioun
heirof . . . and . . . the Provest and baillies of this brugli are appoynted
to take speaciall can- that the foirsaid ordour be punctuaUie observed and
speidilie put in executioun heirefter Ordaines proclamatioun to pas throw
this brugh suburbs and liberties thairof to command and chairge that na
inhabitant within this brugh . . . presume nor take upoun hand to resave
or liarbour any strangeris within tliair housis set beds or clialmeris to them
till fii'st they come to the Constable of the quarter and give up the names
of the saids straingers thair qualitie equipage amies and conditioun of
liveing and heirby to command the saids constables daylie and ilk day in
the morning to give in ane just accomjDt of the saids straingeris to the
baillie of ilk quarter of this brugh to the effect that such course may be
taken with them as the Committee of Estaites sail injoyne. . . .
Ml October 1648.
Taking to consideratioun ane bill given in be Sarah Bynnie spous to Restoring of
IT-. 1 o 1 7 7- 1 ■ 1 • 1 1 Alexr Brand his
Alexander Brand merchand - humbhe craveing that quhairas hir husband burgessiiip.
was depryved of his burgeship and gildship be the late magistratis as also
that his booth doore sould be closed up that now in regaird of his absence
out of the countrie and the great prejudice the compleaneris poor familie
and children hath susteined thairby that thairfoir the Provest baUUes
and counsel! wold jileas to restoir to hir husband his former Ubertie and
that libertie may be graunted to hir to opin hir buth doore and vent the
merchandice lying on thair Iiandis . . . The Counsell haveing thought
fitt to delay tlie restoremg the said Alexander Brand to his hbertie of
burgeship and gildship till his home comeing and giveing satisfactioun to
justification offered by the Commission of Assembly, now the virtual rulers of the country
for suffering Cromwell and his army to enter Scotland was " that they could not in justice
refuse to suffer the Englishes to pursue those who had invaded their kingdome. . . ." (Pro-
ceedings, ii., p. 92).
• Moru'o with his troops from Ireland had been too far behind the main body of Hamilton's
army to be involved in the defeat of Preston. He had retired northward. Subsequently,
he had frustrated the attempt of Argyll and his Highlanders to capture Stirling Castle and it
had been against hira that the Chancellor's army had been directed.
- See 21st and 30th June (pp. 154, 155 supra) for the reasons for Brand's deprivation.
174 EXTRACTS FROM THE RECORDS
the coiinsell of anything pretended against him and for quhilk he wes
depryved and to graunt libertie and licence to the suppUcant to oppen her
buith doore and vent hir merchandice dureing the counsells pleasure. . . .
[Council for 1648-9 : Provost, Sir James Stewart ; Bailies, James Rucheid,
Laurence Hendersoun, David Wilkie, John Denholme ; Dean of Gild, George
Suittie ; Treasurer, John Hilstoun ; Council, Sir WiUiam Dick, John Pearsoun,
James EUhes, James Ahesoun, Peter Blaikburne, Thomas Leishman, Robert
Lockliart, Gilbert Muire, Johne Kniblo, David Kennedy, surgeon, Wilham
Patersone, tailor ; Ordinary deacons, James Borthuik, surgeon, George Cleghorne,
goldsmith, Alexander Lyndsay, hammerman, Michael Gibsoun, tailor, John
Pollock, shoemaker ; Extraordinary deacons, Robert Pargillies, furrier, Alexander
Cleghorne, wriglit, Alexander Menzies, mason, James Bailhe, baker, David
Dmican, flesher, James Lawsoun, weaver, Thomas Storie, waulker, Wilham
Sterling, bonnetmaker.] ^
Uth October 1648.
[House for Taking to consideratioiin the sadd conditioun of M"" George Gillespie
Mr George .
Gillespie,] on of our ministeris be reasone of his heavie sicknes in Kerkadie and that he
is desyrous to end his dayes att Gods pleasour within this burgh to quliilk
effect most necessar and convenient is it that a hous be prepaired for liim
of the best air and iither commodities Thairfoir ordaines James Rucheid
George Suittie Johne Hilstoun and Michael Gibsone to take the best course
they can cjuhairby the hous in the hie scoole yaird pi-esentlie occupyed be
the relict of umquhile doctor Johne Scharp be provydit to him.^
[The captains of the guard are to find whether the neighbours within their
respective bounds are willing to watch for twenty-four hours in each week or
pay 4» weekly instead towards the monthly pay of the guard.]
Uth October 1648.
Catchepoou of Thinking it necessar for the guid of the burgh that ane weyhous might
weyhous. be maid in the Catchpell of Leith . . . and that several! nighbours finding
themselves much jjrejudged if any such weyhousis be erected and hath
presented thair reasones to the consideratioun of the counsel] [they order a
committee to discuss the matter and report].'
Ordaines the dean of gild and his counsell to . . . resave Sir Archibald
' In this new Council only four members were the same as the preceding year (p. 132 supra),
James Rucheid, the Dean of gild and the deacons of the shoemakers and wrights. Ordinarily
the old provost, bailies, dean of gild and treasurer became automatically members of each
new Council. The old members, whose names appear, must have been therefore noted
opponents of the Engagement, although the records give no indication of this. The deacon
of the skinners is not named. The man elected for that office was found to be an Engager
and a new deacon was elected on 27th December (p. 18,3 infra).
^ See Proceedings of Commission of Assembly, ii., p. 141. He died on 17th December 1648.
^ See Appendix viii., where the erection of this weighhouse was made a grievance by Leith.
OF THE BURGH OF EDINBURGH 175
Johnstoun his Majesties advocatt and ane of tlie Senatours of the Colledge [wamston
^nd. others
of Justice Sir John Cheishe and M'' Robert Blair minister to be burgesis burgess and
gild.]
and gildbretlieren . . . t?i uberiori forma gratis.
im October 1648.
[The Council and extraordinary deacons] considering the manifold Disciamatioun
breaches of Covenant and Treaties in the lait sinfull engadgment against ingadgement in
Mav 164^
England expressd in the declaratioun of the lait generall assembhe i and
the evident judgment of God following thairupoun and withall taking to
thair consideratioun that than* were sinch-ie actis maid be the preceiding
magistrattis and counsell quho imported thair approbatioun of the said
engadgment and then- contributione of moneyis thairunto and especiallie
on the eight on the twelf on the nynteine on the twentie four and twentie
six of Maij and the secund of Junij be thaii- agrieing for borrowing and
paying of fourtie thowsand pound to the levie for that engadgment by
approveing the proceidings of thair commissioneris in ParUament and by
advanceing befoir hand for that service considerable soumes And that
notwithstanding of the jjrotestatioun of many considerable memberis of
Parhament and of the many faithfull testimonies and frie wairneings of the
servandis of God of the suppUcatioun of many synods presbitries and
shja-es and of the declaratiouns of the commissars of the Churche on the
contrarie and notwithstanding of tlie petitioun of the six churche sessiouns
and nighbours desyreing thair concurrence in a petitioun to Parhament
that they might be frie from contributting to the said uiilawfull Ingadgment
by wliich actis the guid tomi is maid ol)noxious to the judgment of God if
they did not disclame the sanien And thairfou- to evidence how greived
they are that evir any such actis sould have passed at this table and to show
how reddie they are to conciu-re in the solmne acknowledgment of the
pubhct sinnes and engadgment to the pubhct dewties which relait into thes
tymes as they are injoyned be the Commissioun of the Kirk and Committee
of Estaittes they doe unanimoushe declair that thej- doe repeall and cUsclame
any of the foirsaid actis anent the borrowing of moneyis to that levie or
approoving the proceidings of thair commissioneris and any utlier act maid
be the Toun Counsell or in name of the guid Toun wliich will import thair
consent to or approbatioun of the lait engadgment and all uther things
1 The Commission of the General Assembly liad represented to the Committee of Estates
on 15th September the desirability of not employing " any accessorie to the Engagement "
in public places of trust. On 5th October they record a letter from Cromwell to the Committee
of Estates requiring that some course might be taken for suppressing " Malignants " and that
they should not be admitted " to places of publik trust and publik counsells " {General Assembly
Commission Records, ii., pp. 59, 77).
176 EXTRACTS FROM THE RECORDS
that hes or sail follow tliairupoun and as they desjrre above all to have
Gods wrath appeased towardis them so nixt thair unto they resolve and
saU endeavour to keip the guid nighboiu's of the Toun frie of the guilt and
burdein of thes things and to sie tlies dewties performed in the Cittie which
are requyred by the solemne acknowledgment afoirsaid.
[The Committee of Estates send a new order, dated 14"> instant requiring
an account of the Council's dihgence in executing their act of 4"' mstant in
order to the] making guid the engadgment of this Committee to the Kingdoms
of England and for ane guid example to the rest of the kmgdome. . . .
vacancie of Taking luito tlieu' consideratioun the bygaine cariage of thair Clerk
Thomsone and WUHam Tliomsone as ane includit in the fou'said warrand to be tryed
thair clerkships tliakby ^ and the said William haveing earnestlie pressed that the judging
ing iiimseif to or consm-eing of him might be left and referred to the Committee of Estaites
magistratis for the Provest bailhes and Toun Counsell did find and declair themselves to
be judges competent to the judging of the carriage of thair awin Clerkis
or any memberis of than- court and thought it not fitt to remitt it bak to
the Committee quho had so often allreaddie reffered it to them and requyred
them to debar any accessorie to the engadgment from sitting thair as clerks
or memberis Thairfou- the said WiUiam demandit to have his challenge be
way of cUttay in writt and eftir many debaittes had with the counsell
concerneing his carriage in relatioun to the lait engadgment befoir he
removed he took instrumentis in the handis of Robert Adamsone nottar
that he clamed a ditty in wTitt Quhairupoun the Toun CounseU taking to
thaii" consideratioun that in the tryell of thair clerks they were not tyed
to that forme of procedure by a long written proces espeacialhe in a caice
nottour to themselves and that the said Wilham by his awin gift of clerkship
is bund under paine of deprivatioun to submitt to thair judgment anent
the tryell of his cariage or any uther thing concerneing his office which
he hes onhe dureing than- guidwiU allenerlhe they proceidit to the present
tryell of liis accessioun to the lait unlawfull engadgment which they fand
proven under his awin hand and by notorietie of it to themselves by his
frameing [and] wrytteing the actis of counsell for the foiu-tie thowsand
pound payed in name of the Toun to the Generall Commissar for thair
levie to the lait unlawfull engadgment and that notwithstanding the
declaratiouns of the Churche and the petitiouns of the sex ku'k sessiouns
given in to prevent that guiltines and by his frameing and wTytteing
the act of the lait counsell for approbatioun of the proceidings of thair
commissioneris in Parliament quhairby neidleshe and unusuallie both the
' See p. 171 supra, giving the list of persons to be excluded from oflfice. This affords the
only possible justification for the Council's proceedings with regard to Thomson. The reasons
they give are clearly made to suit the necessity of the case.
OF THE BURGH OF EDINBURGH 177
guilt of that sinful! engadgment and the displeasure of God following
thairupoun wes drawin one the guid To\vne by him quho by his oath being
bund to give just and true counsell to the magistrattis in all cases and not
to give consent or counsell to any thing hurtfull to the commoun weill
of this brugh wes thairby obleidged eftir so many wairnings from the
Chiu'che and the protestoiurs in Parliament to have prevented by his
counsell the magistrattis haveing any accessiomi to that sinfull course ^
and withall considering liis jiresent unrespective carriage in taking
instrumentis agains thair procedure and not taking up the same thairby
rubbing upoun the justice of the court and reserveing the questioun con-
cerneing his office sa farr as he can to some uther judgment quhairas by
his gift he wes obleidged never to declyne thair judgment butt to submitt
thakunto and to renunce all uther judgmentis and exceptiouns and procure
no orcUnar nor extraordinar mean to brook liis office and for severall uther
consideratiouns moveing them they unanimously declair liis place of
commoun clerkshipii and all uther sub-clerks and servandis who lies
dependance thairupoun to be voyd and vacand and his gift null and
dischairgeth him from all medhng with the office or benefite thau'of heirefter
and ordainetli that he sail never brook that office in this Toun againe
Reserveing alwayis to M"" Alex'' Guthrie the conditiomis agried upoun be
the said William Thomsoun to be payit to him yearhe be the nixt intrant
as he wes payit be the said WiUiam yearhe Lykas the Provest baiUies and
counsell inregaird of the tennour of his gift afoirsaid notorietie of his
accessioun to the lait unlawful! engadgment they refuis to accept of his
instrument and ordaines him aither to hft up his instrument or goe to
prisone dureing the counseUis pleasour.
20th October 1648.
[The Council and extraordinary deacons appoint John Miller Town armourer
in place of the late David Clerk. ^
Colonel Affleck is to be continued in the Town's service for a further six montlis.
Mr Andrew Ker, clerk to the General Assembly is admitted conjunct Town
Clerk in place of William Thonisone. Thomas Burnett and WiUiam Downie are
recommended as sub-clerks.]
Post meridiem, in domo Parliamenti conve7ierunt Consilium et proximorum
frequens numerus pro ut sequenti patet pagina.
[The Council and extraordinary deacons with three hundred and eighty- Disciamatioun
eight neighbours] haveing considdered the reasouns conteined in the act Royau^i"'^""^*
gadgment.
'■ There is no historical justification for the excessive powers they here attributerl to their
Town Clerk.
2 Appointed in 1638 {Extracts, 1G26-41, p. 206).
M
ministeris.
178 EXTRACTS FROM THE RECORDS
of Toun Counsell of the daitt the nyntein of October instant doe with thair
concurrence and consent approve the said act and accordinghe disclame the
lait imlawfull Ingadgment and all accessioun to any passage thairof and
desyris to be keipit frie from all guilt and burdein quhich from God or
man might follow thairby upoun the guid Toun upoun themselves or thaires
and are most wiUing to make thair solemne acknowledgment of their pubhct
sinnes and ingadgment to the pubhct dewties as they are injoyned be the
Commissioun of the Kirk . . . and by the Committee of Estaites. . . .
Act for tweif [The Council, with consent of the assembled neighbours, agree that there
shall be twelve muiisters m the burgh and that the stipends shall be payable
from aU burgh lands] Lykas the Tomi Coimsell with the guid nighbours
afoirsaid rescinds cassis and annuUs that act of thair Town CoimseU of
tlie eight of ApryU i"" vi^ fourtie twa in swa far as concernes thair declara-
tioun maid thairin for continuance of the yen-he annuetie for the spaice
of seven yetres ordie ^ and desyreth my lord Provest and the present bailMes
with such of tlie guid nighbours as sail be now nominat to present supphca-
tiouns and remonstrances to the right honorable the Committee of Estaites
and the Parhament for thair lordshipps conciu'rence and assistance to
remove all obstructiouns and to settle tliis coiu'se in ane efFectuall and
universall way that the poor and the trades have no reasone to comjjlein
that they are burdeined quliill otheris far more able and reaping the same
benefite of tiie ordinances are speared upon any pretence quhatsomever
As also to desyre thair lordsliipps to take in thair serious consideratioun
the fairest wayis and best meanes to releive the uther great and heavie
burdeines lying upomi the guid Toun as saU be presented to them from tyme
to tyme by the present magistrattis and Toun CounseU. . . .
25th October 1648.
[Vulgar Echooi] Recommcuds Mathew Shankes to be ane of the vulgar scoohnasteris
of this brugh and grauntis hbertie to him to teach and instruct the scooleris
in the hie scoole learne them to wrytt and that mthout prejudice of Robert
Amulliken who is presenthe serving thair.
Diligence in Compeird my lord BrouchUe and Sir Archibald Johnstoun sent from
tiieacrof '° the Committee of Estaites to the Toun Counsell and desjrred them to produce
their dihgence to the Committee upoun Fryday nixt in obecUence to the
papers presented to thame be the Earle of Cassills and Laird of Cesnok
upoun the twentie seven of September last and the Counsell ordained
the said dihgence to be drawin up in ^\Titt and produced to the Committee
the said day.^
'■ See p. 6 supra.
- See p. 170 s^ipra. The marginal note which terms this the Act of Classes probably was
added at a later date. That act is dated 23rd January 1649 (A.P.S. vi. (2), p. 1.S4).
Classes.
OF THE BURGH OF EDINBURGH 179
Electis Major Tliomas Weir ' to have the niiairge of the guaird to he EiecHoun of
raisd for the gnau'ding and watching of this brugh in plaice of Heut Colonel for the gaird.
Affleck and ordaines ane agriement to be maid with him and his ofiiceris
and souldiers anent thair pay their number and the t3Tne of his continuance.
27th October 1648.
Appoyntis [six persons] to visite the great steiple of this brugh and sie
quhat is necessar to be takin downe thairof befoir the winter break. ... *
1st Noveynber 1648.
[As, in obedience to the act of 11"» October last, several of the neighbours
have agreed to pay for maintaining a guard, proclamation is made that all such
shall come to the laich Council house on the first of every mouth and pay their
whole month's money.
In accordance with the above and with an agreement made with Major Weir,
he is to levy forty men for the guard.
M'' John Stewart is elected to the clerkship of the Canongate now vacant
as subordinate to the common Clerks of the burgh.
For the same reason, WilUam Downie is appointed Clerk of Leith.]
1th November 1648.
[The Council and extraordinary deacons being convened, M'' Hew Mackell,
minister at Irvine, M"' George Hutchieson, minister at Colmonell, M"^ James
Fargusone, minister at Kilwinning and M"' Robert Traill, minister at Kilconquhar
are elected with the unanimous agreement of tlie ministe^rs and six sessions.
Commissioners are aj^pointed to go to the said ministers to arrange for their
transportation to the burgh.] ^
10//i November 1648
[The Council and extraordinary deacons] Unlawis Lues Parent French- Unlaw Parent.
man merchand in Rowen for bringing in a Dutch hoy within tiie harborie
of Leith staying their twentie four hours tyine seduceing the nighbours
to buy his commodities at Bruntiland transporting the said shipp
immediatlie thaii-eftir to the said toun of Bruntiland selling his commodities
there and in the toun of Leith and his chalmer within this brugh to sindrie
nighbours of the samen in great quantitie as the nighbours examined
thereupoun declaired under oath and handwiitting and all without entering
of the saids goodis and making offer of the samen to the counsell as use is
^ The notorious Major Weir, burned at the Gallowlee in 1670 for sorcery and other crimes.
2 See p. 143.
' On 1st December tlie Commission of Assembly sanctioned the transportation of Ferguson
and Hutcheson (Proceedings, ii., pp. 117, 118). On 2nd December that of Traill was sanctioned
{Ibid., p. 119). The question of MeKail was postponed till 12th January 1649 when his
transportation also was approved {Ibid., p. 151).
180
EXTRACTS FROM THE RECORDS
Deprivatione
of Andro
Whyte from
keiping of the
Tolbuith.
and ingiving thairof to the magazen hows appoyntit for resaving of uiifrie-
mens goodis contrair to the Kberties of this brugh and to the ill example of
utheris ... in the sowme of fyve hundreth nierkis money. . . .
[Price of tallow, 3" the stone ; price of candles, 3" 10^ the stone.]
Forsamekle as the Committee of Estaites be thair ordom* of the nynt
of this instant upoun the depositioun of certaine witnesis sworne admittit
and examined befoir the Committee of Estaites for the tyme in Apryll
jm Yjc fourtie six led againes Andro Whjrt keiper of the Tolbuith of this
brugh manifesting his great maUgnancie in extolhng James Grahame lait
Earle of Montrose and speaMng baseUe of my lord CiianceUom- ^ the Earle
of Ai-gyU the Earle of Crawfurd and Lord Lem-ik . . . did recommend
the particuUar depositiouns of the saids ^vatnessis to be taken notice of
be the Provest and baiUies of this brugh and doe thalrin as they will be
answerable to give in their report thairof and of the former pappers and
messages sent to them . . . The Provest bailhes and counsell haveing
heard the said depositiounes and recommendatioun of the Committee of
Estaites pubUctUe read in thair audience and they haveing seriousUe
considered the samen and calHng to mynd his iU service bad attendance
and misrespective carriage to the magistrattis of this brugh did find him
guiltie of revileing the four noblmen afoirsaid and in extoUing that
excommunicat foirfaulted rebeU quhilk cUd sufficienthe evidence his
maUgnancie and deserve reall censiu-e Quhairupoun the Counsell all in one
voice . . . did agrie to depose him from his plaice Lykas be thir presentis
they doe depose him from the said plaice as keiper of the Tolbuith and
all exercise thairof and benefite of the samen in all tyme comemg . . .
Lykas the said Andro Wli3rtt compeirand did take it out of the handis
of God as a punishment for liim and delivered the great kie of the utter
gaite in the lord Pro vests handis. . . .
[Robert Denholme of Westsheill is appointed keeper of the Tolbooth.
The gift of the clerkship to M'' Andrew Ker is recorded at length.]
nth November 1648.
[Cannon] Appoyntis Jo" Kniblo to caus bring up the twa peices of cannoun with
thair carriages out of Leith to this brugh and to put them in the guaird
hows thairof. . . .
[Instructions are given for the complete repair of S' Giles steeple.^ The
dean of gUd is to prepare materials during the whiter so that the masons may
begin the work in sprmg.]
1 Others shared his opinion of Chancellor Campbell. See Balfour, iii., pp. 393-5, where he
describes how that nobleman changed sides, from the losing to the winning. See Appendix iv.
^ See p. 179 supra.
OF THE BURGH OF EDINBURGH 181
22nd November 1648.
[The 12" load of the best wheat bread is to weigh 8 ounces ; the 12'^ loaf of
second or sour l)read to weigh 10 ounces ; the 12'' loaf of masloch bread to weigh
13 ounces 4 drops.
Price of best ale 18'' the pint ; second sort, 12'' the jjint ; best strong beer
20" the pint ; small beer 10'' the pint.]
Taking to thair consideratioun the articles given in to them be the great Restrayning of
IjoRCQris 6tc.
Sessioun of the kii-kis of this bnigh daittit the foiu-t of October last anent
the restraining of excessive banquettis at the baptizing of children on the
Lordis day anent the closing of wyne and aill sellaris that day anent the
restraining of vaiging persons who have past the danger of the pest abroad
cheiflie on the Lordis day towarchs the fowl lodges anent the restraining of
strangeris and sturdie beggaris anent the keiping of the portis on the
Sabboth day anent the refuisers to pay the monethhe contributioun ^ and
anent the payment of precentors And lykwayis considermg there awin
answers maid thairto upon the tlu-ettin of the said moneth of October
togidder with the great Sessioun there heartie thankis rendered to the
CounseU thairupoun daittit the first of November instant all eonteined in
a paper a pairt Thairfoir ordaines proclamatioun to pas tlu-ow this brugh
for inliibiteing all such disordoiu- and restrameing aU such vyse according
to the pennaU statutes of this brugh. . . .
2Uh November 1648.
[A particular convention of Burghs is to be summoned for 4"" January to
meet during the sitting of ParUament.] ^
ah December 1648.
Ordaines proclamatioun to pas tlirow this brugh Leith brugh of the [Proclamation
Cannogait and pendicles commanding that no merchand vintner or any wine.]
uther persone quliatsumever who brings up thair wynes to this brugh or
brugh of the Cannogait or that is tollerat to be sould in the Potterraw and
West port that nane of thame presmne or take ujioun hand to bring any
of their wynes to the saids plaices in at any port or plaice of the samen
bott at the fute of Leith Wynd and Netherbow port to the effect the
samen wynes may be presentit to the chalmer ajipoyntit at the Netherbow
for uptaking the accompt thairof in their roll bulks and that under con-
fiscatioun of thair wynes i:)unishment of the sledderis be confiscatioun of
thair horsis and sleddis and farder punishment of thau- persones. . . .
1 For the poor of the town.
'^ See A.P.S. vi. (2), p. 124. Parliament met on 4th January. The Convention records
for this are missing, but begin again with the General Convention in July 1649.
M 2
182 EXTRACTS FROM THE RECORDS
6th December 1648.
impositioun for Oidaines the constables of this brush to exact twelf penneis or twa
keipmg the i -it
streites cieane. schillings at luost monetlilie from everie considerable housholder within the
same to be imjjloyed be them in the best maner of way they can devyse
for carieing away the mucke and keiping the streitt and vermeils of this
brugh clean . . . under the paine of twentie pounds to be imposed upoun
everie constable . . . if he be fund negligent in Ms dewtie afoirsaid And
to the effect the foirsaids constables may be the better answeired of the
foirsaid exactioun for the use fou'said ordaines the officeris and souldieris
of this brugh to concm-re and assist the saids constables in the prosecutioun
of thair dewtie afoirsaid.
8th December 1648.
[The Councdl and extraordinary deacons being convened, the accounts of the
extent for 1647-8 show a charge of 68,076" 13^ and a discharge of 76,105" 6^ 11",
so that the balance due by the Town is 7,728" 13** 11''. The accounts of the fines
show a charge of 2,066" 19^ 4'' and a discharge of 2,077" P 10''. So that, in all
the Town is due, 7,738" 15^ 2'' which is to be repaid out of the first of the
maintenance.]
Staines for Appoyntis the dean of gild at the sight of the deaken of maissouns to
the'^tatstepie. imploy als many of the staines lyand at the Idrk of the Castlehill as will
serve to compleit the reparatioun of the great steiple of S' JeiUes kirk and
to provyd als many in their stead for the use of the said kirk at the Castlehill
when tyme requyres. . . . ^
15th December 1648.
[Five persons are appointed inspectors of the markets. Instructions are
issued to them and proclamation is made of the statute anent measuring of victuaU
in the meal market.]
22nd December 1648.
[M"' Robert Douglas, mmister of the north-west parisli is transferred to the
north parish m place of the late M^ George Gillespie. He is to choose his own
colleague.]
25th December 1648.
streittes to be [The Council renew former acts as to the cleaning of the streets] and gives
eip ceane. ^^^^ libortie and hcence to any persone quhatsumever in bm-gh or land to
carie away the haill mucke and middings lyand upoun the hie streitts and
withm the closses of the samen brugh that is offensive to the nighbours
thairof or strangeris resortmg thairto . . . and ordaines the Constables
to sie the samen done within their awin bounds and to be assistant thairin
under the paine of ane unlaw of twentie pundis money to be exacted
' See p. 180 supra.
OF THE BURGH OF EDINBURGH 183
nionethlie of the saids Constables incaice of faillie but favour And this act
to be printed and pubhshed for that effect.
Appoyntis the haill Captaines of this brugh to meitt among themselffis J^rfSg^the"^
and choos a Moderatour and that ane of thair number attend the watche ^^flfj^^/^'^
niglitlie to veiw the same and that ane of than- companies attend dayUe
and be in armes dureing tlie sessioun of the Parhament for guairding the
Toun in the day tyme with sufficient fixt musketts powder and ball. . . .
21th December 1648.
[Gilbert M'=clellan is elected deacon of the skinners in place of Robert Mackean.
The Provost, four baillies, dean of gild, treasurer and gild council are to
meet in the afternoon and admit as gratis burgesses and gUdbrethren twenty-nine
persons, among whom Sir Archibald Johnstoun,^ James Hamilton of Dalyell,
Sir Alexander Belsches of Tofts and Sii- Hew Hamiltoun of Cesnok ; also one
gildbrother and sixteen burgesses. A dessert is to be given to the gentlemen.]
2%th December 1648.
[Statute against defiling the burial yard at Grayfriars.
The Provost and James Borthuik are appointed commissioners to the ensuing
Parhament with James Rucheid and George Cleghorne as assessors and to sit
in their absence.^
The Provost, baillies, dean of gUd and four others are to agree with some
merchant to bring home copper to roof the church at the Tron and to give their
own bonds for repayment. The money is to be procured from the merk per tun.'
The whole companies of the Town are to be prepared to mount guard during
the sitting of Parliament.
The subscription for guard money amounts to 947" 4" monthly and the pay
of the guard to 900''. The Major of the Guard is authorised to collect this.]
\st January 1649.
[Certain of the Council, ministers and members of the College, assembled
there, elect M"' Robert Douglas to be rector for the year to come. His assessors
are elected at the same time, seven of the Council, three ministers, the prmcipal,
the professor of mathematics and the College treasurer.]
• Instructions had been given already to admit Johnston (p. Hi supra). It seems probable,
though, that this second entry marks the acbnission as " council " or honorary freeman.
For, from about this time, the records differentiate between freemen admitted by the Council
and those by the dean of gild, even though the former always were gratis and the latter not
invariably so.
2 Balfour (vol. iii., p. 373) notes : " that this day (4th Jan.) Sr James Steuart, Prouest
of Edinburghe, with his Deane of Gilde, Bailyies and Thesaurer, sat at a table covered with
greane clothe, in the parliament housse, vithin the inner bar, in grandeure."
' See p. 54 supra, where the copper roof first was proposed.
184 EXTRACTS FROM THE RECORDS
2>rd January 1649.
[Committee, [The Committee appointed thereto have agreed with James Tailfeir, merchant,
roof of chuicn
at Tron.] that he] sail bring home to the harborie of Leith and up to the weighows of
this brugh the quantitie of eleven thowsand pound weight or thairby of
platte Hungaria copper and copper naiUs the plaitt thairof to be of such
tliicknes as ordinarlie the kirks of Hambiu-gh are theildt with these thrie
or four yeires bygane . . . and gives commissioun to the said James to
bring home a man for theiking thairof.^ [They agree to jjay to him 15^ 6'' for
every pound weight, of which 1,000" in hand, 3,000" one month after the dehvery
of the copper and any balance within eight months thereafter.
[The accounts of the kirk treasurer for the years 1641-5 are given. He has
received for the seat rents in the East Kirk 1,664", 13« 4''.]
l.\rm3 for Ordaincs the dean of gild to delvver to Mai or Weir fourtie sixt muskettis
Town guard.] ^ '' ■■ i i .
and tlirettie halbertis for the use of the Toun guaird . . . and ordames
the thesaurer to furneis cullours powder ball and matche. . . .
\2lh January 1649.
Agriement . . . Agrics with Jolme Mihie master massoun for repaireing of the Catchpell
the Katci'peii of Leith in maissone wark in maner underwi'ittin viz. For bigging a pair of
guid lairge staires of stone at everie end of the said Catchpell without
and tlies may be such as may aryse in that way with large platts to serve
the second and thi'id stories thairof and thes to be done in such a guid
way as that they have passages under them to pas in to the back yaird at
both endis and that to be done with arches and walls and long stones that
it may support the staires and admitt the passages. . . . Item to worke
foiu- guid lairge dooris for the twa stories of the same hows that is to say
at everie end twa at thair severall platts of the great staires. . . . Item in
the second storie of windowes eight four on everie syde of hight and wydnes
such as is allreddie done in the lower hows. . . . Item in the thrid storie
to worke njaie storme windowis that is to say fyve in the on syde and four
on the uther syde all of them rysing of hewn stone above the roofif as the
plaice doeth requyre. . . . Item the highting of the twa mid walls ten fute
higher thane formerlie they sould have bein Item ane great doore in the
foirsyde wall six fute wyd stormed with stone worke maid with ane piUie
or block or some such thing Item the second storie of jeastholles to be maid
in all sydes all alonges and maid good againe . . . for the soume of sexteine
hundreth and fyftie merkis money to be payit as the warke is wroght. . . .
[The water baiUie of Leith is to provide materials.] ^
Agries with John IMilne ... to repair the ruined ^vrake place of the
» See note 3, p. 183.
* See p. 174 supra. Apparently the objections of the merchants had been overruled.
OF THE BURGH OF EDINBURGH 185
shoir at Leith that is asains the custome hows To take doun the same to Agriement . . .
~ anent the
the ground fourtie fute in lenth and sextein fute in breadth all along the schoir of Leith.
greatest pairt quhairof is to be aisler warke maid of great lairge stones
and the rest repaired and laid againe cairfuUie being weill filled and bakit
with guid stone and lyme and the upmost course of lairge stones bolted
with yroun boltis and leid and all along laid with pavement as tlie rest is
the hewing laying and dountaking redding and attending the same lait
and airhe as the watter and tydes can permitt for the soume of nyne hundreth
merkis money And ordaines the watter baiUie of Leith to pay the same as
the warke is wroght. . . .
[Agreement with John Scott, master wright for the woodwork of the Catchpell
at Leith.]
2'tth January 1649.
[The Council and extraordinary deacons order payment to be made to
Lieutenant Colonel Affleck of 1,200 merks for his service to the Town.]
Appoyntis the baillies James Rucheid and David Wilkie with David invitatioun of
■*■ -^ ' the com-
Kennedie and Miohaell Gibsone of the counsell to invite the haill com- nussioneria of
burrows to a
missioneris of burrows conveined in this jiresent Parliament and to give four houris.
them thair fowr houris on Fryday nixt in the eftirnoone to the effect they
may be spokin anent the Touns affaires now presentUe passing in Parliament
and ordaines the thesaurer to provyd a sufficient deseart.^
Forsamekle as the timbermen and shiiiwTightis of Leith doeth incroache Dischairge to
, , 111 break ground
upoun the Touns Uberties there and breaks ground within the sea marke within the sea
1 /• 1 1 1 1 ^^'^ ^^ Leith.
at their awin hand and cast docks for shipps barkes boattes and uther
vessells within the said harborie and refuis to pay the ordinarie dewes of
docksilver to their customeris . . . thairfoir dischairges the said timbermen
and shipwrights of Leith or any persone Cjuhatsumever ... to presume
or take ujDoun hand to break any ground or cast any dockes for any vessell
quhatsumever . . . without speciall leive of the Counsell. . . .
[A committee is appointed for Paul's Work.]
26th January 1649.
Ordaines the dean of gild to convein befoir him and his counsel! the [Postmasters,]
haill stableris of this brugh and to choos out postmasteris ane or raae and
give them then- instructiouns and swear them thairto.
Consentis to the agriement maid . . . anent the repairing of the watter [Society miii i
milne of the Societie in the haill staires about the wallis making of a new
cisterne of aik mending of the great quheill making of a plaittforme and
1 See Records Convention Royal Burghs, iii. p. 331, where a brief allusion is made to this
convention.
186 EXTRACTS FROM THE RECORDS
doe all iitlier tilings neiclfull thairto in \\Tight warke for the sowme of four
himdreth merkis. . . .
[The Committee of Estates having granted an imposition on every tenement
in the Town, possessors and inhabitants without exception for an annuity upon
house rents to make up the sum of 19,000 merks yearly for the maintenance of
six ministers, to be collected bj' the kirk treasurer and deacons and debursed
by them without burdening the Common Good, the Council therefore offer to
augment the stipends of the other six mmisters to an equahty with those muiisters
paid from the annuity.] ^
2nd February 1649.
Unlaw Forsamekle as ... it is statiit and ordained that no persone sett
Cunynghame ,.,.,,.. . ^ . . .
and Porteous. tJiair housis Or landis m tynie comemg to any unrrie persones straingeris
vagabounds or masteries people under the paines thairin conteined and
sieing Barnard Cun\Tighame and James Porteous merchands hes contraveind
the said act by setting of thair housis to Jo"^ Clerk and Jo" Ros twa infamous
scandoulus persones Thatrfoir unlawis the said Barnard CunjTighame and
James Porteous in the soume of twentie pundis and ordaines them to
remove the saids tennentis presentHe furth of thair housis and ordaines
officeris to assist them thairin if neid beis. . . .
1th February 1649.
Taking to consideratioun the present conditioun of M^ WilUara Colvin
ane of their ministeris quho is suspendit from the chairge of the ministrie
for a tyme hes given and grauntitt to him the soume of ane thowsand
merkis to be payit to him presentlie and the soume of ane uther thowsand
merkis to be payit witliin tlirie monethis heirefter. . . . ^
[The nomination of M'' James Durhame, minister at Glasgow, to be one of the
Town ministers is to be intimated to the six sessions for their approval and
consent.^
Afternoon : The ministers and kirk sessions appeared ajid signified their
approval.]
9fh February 1649.
. . . Ordaines the dean of gild and his counsell to make searche and
tryell for all the great weights above twa staine weight within this brugh
* Between this entry and the nest, and on 30th Januarj' 1649, Charles I had been
beheaded at Wliitehall. Charles II was proclaimed at the Market Cross on 5th February
(Balfour, iii., p. 387). But it was not usual for the Council records to note such events except
incidentally.
' See Balfour, iii., p. 419, where it is stated that Colvin was deposed for maintaining that
the Engagers' invasion of England for release of Charles I was lawful. See also p. 160 supra
and notes.
' This nomination did not take effect. In May 1649 Durham was appointed professor of
divinity in Glasgow in place of Mr David Dickson.
OF THE BURGH OF EDINBURGH 187
and liberties foirsaid and to take the saids weights fra quhatsumever persona
or persones that sail happen to have the same. . . .
Ordaines James Alisone and TJiomas Leishman to liave a speaoiall [Repair of
Grayfriars.]
caire of the rejjaratioun of tlie Grayfreir Kirk according to the jiresent
neoessitie thairof Avitli all possible dihgence. . . . ^
Uth February 1649.
Agries with Johne Scott maister wxight to repan the eist kirk callit AcgrienKnt for
^ o -I repairing tlic
the north paroche kirk of this brugh . . . inprimis to lowse and hft the Eist kirk.
jjulpit out of its plaice and sett it up befoir the pillar now betwix the Kings
seatt and the counsell loft and there to fix it with seattis for the ministerie
and the reader ana pairt for baptisme and marriage and ane uther pairt
for the elderis and deakens Item thaireftir to lift all the seattis that are
presenthe upoun the south and set them upoun the north and to hft the
seattis presentlie on the north and sett them on the south and to fix and
fitt them with easie and convenient entries and best sight and view of the
ministers on both sydis Tlu-idhe to fm-nishe and make up all necessar
wainscott warke that sail hajapin to be brokin or neidfull to be helpit or
addit to tlie present seattis and to furneis daills both for the flooring againe
of them and making up of the seattis bunkeris with the beareris and standarts
that sail hajDpin to be brokin and for fm'nishing naills of all sortis and
warkmanship Fom-the to tak doun the counsell loft all alongs quhair it
standis and the Kings seatt and my Lord Angus loft and set them up on
the north syde and that they be maid and addit to fill both the arches ane
on the west of the piller ojiposit to the pulpit and the other on the eist syd
and foir pairt to be maid up of wainscott warke conforme to that quliilk is
allredie wroght and to furneis wainscott treis daills naills of all sort neidfull
and scaffolds with ane passage to serve both loftis And the Kings seatt to
be maid betwix both loftis with fyne carved warke The haill foirsaid
particullaris to be wroght and furneist be the said Johne Scott for the
sownie of eleven hundreth punds money Mair ane great loft on the east
the lenth of it to be lairge betwix the twa pillares and clos bak to the great
window with the foir face of it to be weiU wroght of wainscott with wainscott
pillar tinder it conforme to the warke of the rest of the loftis with ane stair
to it and ane course of range pillares behinde the twa first seattis and
furnishing timber naillas and warkmanshipp to it for the soume of nyne
hundreth merkis Mair at the west great loft to be tane doun and broght
forward to the twa pillares neirest the pulpit and to goe no farder bak nor
the bak pairt of the westraost pillar and to be as laiche as the laiche seattis
will suffer becaus of the loft above it Quhich loft above that is to be maid
' See pp. 57, 93, 99 supra.
188
EXTRACTS FROM THE RECORDS
[Collection of
merk per pack,;
tContrlbution
for Lords of
Session.]
of that same volume that the nether loftis both in lenth and breidth and
the height thairof to be so that the people in the westmost loft may have
ane over uther the sicht and view of the ministeris and lykwayis the seattis
and fnrmeis in the highest loft to ascend so that the bak paixt may sie over
the foir pairt the minister and for furnishing of wainscott treis and daiUs
and scaffolding and warkmansliipp for the soume of ane thowsand merkis
And the said Johne Scott to enter to the said warke on Monday come eight
dayes and ordaines the thesaurer to pay the foirsaid soume according as
the warke is wroght. . . .
I6th February 1649.
Ordaines the coUectom* upoun the merk of the packe to resave the said
merke precisehe at the laying doun of ilk packe quhilk if lie neglect to doe
the samen sail be upoun his awin hazard and nawayis sail be acceptit af
his hands nor allowed to him in the dischairge of his accompt.
Ordaines tlie thesaurer of the kirk rents to compt with M"" Robert
Hodge collectour for the LorcUs of Sessioun and to pay to him . . . the
bygane dewtie of the yeirlie contributioun dew to the saids Lordis of
Sessioun furth of the Bishoprik of Orkney. . . . ^
Peter Janson
burges.
21st February 1649.
[The accounts of the collector of the rents of the bishopric of Orkney for the
years 1641 to 1646 are examined and found correct.
The accounts of the kirk treasurer for 1645-6 show a charge of 10,002" 15^ 10''
and a discharge of 10,262" 11" 10''. The following kirk treasurer is to repay him
the balance of 259" 2^.
The account of the ballast boats at Leith 1646 shows a charge of 6,133" 6^ S""
and a discharge of 6,133" 6' 8".
The accounts of the collector of the merk per tun for 1647 to 1648 show a
charge of 7,582 merks and a discharge of 7,584 merks 6^. The balance due to
the collector is 2 merks 6^.]
23rd: February 1649.
Ordanis the dean of gild and his counsell to admitt and resave Peter
Jansoun beUfounder to be burges of this brugh for payment of the ordinar
dewties usit and wont and to repay to him agane and to dispens with his
armes and uthh dewes dew to be payit be him at liis admissioun pro vy ding
' The charter of Charles I to the Council {Extracts 1626-41, Appendix xix) makes no
mention of this contribution. Professor Hannay (The College of Justice, p. 66), writing of
the tax on clergy for support of the College of Justice, states that the King reduced the
contribution to bo a burden on certain assigned benefices, but not till they became vacant.
It is either this or the debt contracted over the Engagement which was to prove so troublesome
during tlie Cromwellian occupation, but more probably the former. See p. 130 supra.
OF THE BURGH OF EDINBURGH 189
the craft admitt him friemaii gratis and that he imploy liis paines in casting
a bell to the Toun quhen lie sail be reqiiyi'it thairto. . . .
Ordaines proclamatioun to pas throw this brugh be towk of drum to Prociamatioun
acquaint the nighboiu-s of this brugh that the Provest baillies and counseU s Pauies
. . . taking mto their serious consideratioun the present conditioun of
that manufactorie at the fute of Leith Wynd callit St Pauls Warke how
profitable the sanien might be to the nighbours therof if it were weill
managed lies thoght fitt and expedient to set the same in take and asseda-
tioun to the nighbours . . . for such tyme and upoun such conditiounes
as the counseU and they can best agrie and to wairne nighbours who intendis
to take the said warke to compeir within the counseU hows on Weddinsday
nixt or any uther day to the effect their offers may be heard and the taks
drawen up conforme to their agriement.
28th February 1649.
Appoyntis the baiUies ... to meitt ilk Twesday and Thursday at ^°^^/°^f
twa hours in the eftirnoone within the laiehe counselDious . . . and cans wgaae stentia.
wairne the nighbours ... to the saidis dyottis and take some short course
with them for paying of theii" bygane stentis.
5</i March 1649.
[Tlie College Council, including ministers and professors being met in the Dyottuof
Town's College] renewes the act maid the twentie seven of December i™ vi^ counseii of the
fourtie seven anent the dyottis of the meitting of the Counseii of the Colledge
to be on ilk first Moonday of the moneth at twa hours in the eftirnoone
and the CoimseU to be wairned in the morning of that day to that effect.
Admittis and resaves Johne Denhame baiUie to be ane of the counseii Admissioun of
Denholme.
of the Colledge and assessor thairto for the Toun counseii. . . .
Appoyntis the baillie David Wilkie and M"" James Hamiltoun and the jg,;^^^^^^'!^
thesaurer George JolUe to speik my lord Craighall ^ for payment of liis
fatheris legacie quliilk he left to the Colledge and a letter to be writtin to
the executors of umquhile William Rig for pajonent of the defunctis legacie ^
and sicklyk appoyntis the lord Provest the Rector and the baillie Janres
Rucheid to speak with the reUct of umqidiile David Jonken for liir umquhile
husbands legacie left to the Colledge ^ and the Rector M^ Johne Smyth
and the bailhe Joline Denhame to speak the executors of umquliile [ ]
' Sir John Hope of CraighaU, second son of Sir Thomas Hope, Lord Advocate. {See
Brunton and Haig, Senators of the College of Justice, pp. 289-90.) For account of the legacy
of Sir Thomas, see Extracts, 1626-41, p. 225.
^ See pp. 13.5, 136 supra.
' Apparently not noted previously in the Records.
190 EXTRACTS FROM THE RECORDS
for tlie defunctis legaeie left to the Colledge and to reijort theii' diligence
thairanent at the nixt meitting of the Colledge.
visitatioun of Appoyntis the baillie James Rucheid and the thesaurer of the Colledge
to visite tiie plaice of the old laternes and to consider what use to make
of that plaice and to report.
Auditoris AppojTitis David Aikinheid collector of the rentis of the Colledge to
give in his accomptis to the auditors appoyntit ... on Saturday nixt
and the executores of umquhile James Barnes to give in their accompts
... on Saturday thereftir.
Benefactoris Apoyntis the tliesaurer of the Colledge to get a note of the Colledge
■ rentis and mortificatiounes dotted to the Colledge for the use therof that
the benefactories may be em'old and keipit in perpetuaU memorie for good
example to posteritie.
Bookes gifted Compeird Sir James Stewart lord Provest and giftit to the Colledge
... ... and use therof ten great tomes of the Bible in divers languages printed
at Parise quhilk the Counsell of the Colledge acceptit with great thank-
fuUnes. . . .
1th March 1649.
[Sir WiUiam Dick, old Provost, resigned his tack of the Society, the resigna-
tion to take effect at Michaelmas next.]
James Barnes Forsamekle as umQuliile James Barnes be his latter will and testament
legacies to be ^
soghtin. daittit the elevent of December i™ vi"^ fourtie seven yearis did leive in
legaeie to the said toun of Edinburgh for building of ane new kie to the
north end of the bridge of Leith the sounie of ane thowsand pundis money
provyding that the rest of the heretors contribute for the warke and that
the samen be compleit within twa yeires utherwayis his exeutors to be
frie in payment of the said legaeie Item be the said testament he left in
legaeie to the guid Towne for building of twa chalmeris in King James his
colledge four thowsand merkis Item he left to the guid Towne the sowme of
fyve thowsand merkis to be imployed upoun yairds within the said Colledge
walls. [The Town treasurer is to seek payment of these sums from the executors
and to employ them as above-written. '
The two executors pass from the time condition in the legacy for the bridge
of Leith.
Act as to the employing of M'' Robert Johnston's legacies for Heriot's Hospital.]
8//t March 1649, afternoon.
patronadges of Compeird the Lord provest and James Borthiiik commissioneris for the
Edinburgh. Parliament and acquainted the Counsell that the Parliament were presentlie
upoun the matter of the laicke patronadges quhilk the Parliament were
' See above and preceding page.
OF THE BURGH OF EDINBURGH 191
inclyning to divolve in the handis of the generall assembhe and desjTeing
quhat sould be their cariages therin quher it came to tJiair voice it being
a matter so much concerning the priviledges of this brugh they tooke the
same to their serious consideratioun and heh'by gives way to their com-
missioneris to doe their best for the priviledge of the brugh Bot if it be a
thing that the haill Parhament resolves to doe or greatest pairt therof that
they sould not seim singidar but goe alongs with the Parliament even in
that particular if they cannot doe utherwayis.^
lUh March 1649.
Ordaines the thesam-er Johne Hilstoun to be chairged with the particullar xounes pubiict
guids and geir underwrittin pertening to the guid Towne resaved be him ^"'
fra Thomas Leishman lait thesaurer Imjarimis with twa silver stowpis in
caisses Item ane great goblet with a cover in a cais - Mair twa silver kies
on ane silver chanye Mair ane blak velvit fute mantle with ane blak silk
frenyie Mair ane uther blak velvit fute mantle with gold lace and silli
frenyie theron Mair twa sumptuar blak and quhyt cloathis Mail' ane reid
velvit cushin Mair twa alakeyis coattis of blak velvitt and silver lace
theron Mair twa sadles and brydells and all furnitoiu- therto except girths
Mail- tlu-ie banneris for trumpeters witli the Touns armes on them Mair
ane great old ensigne in forme of ane pinsell Man- thrie old riven ensignes
Mau- ane gold frenyie in a paper weyand threttin ounce and twelf drop
wecht. . . .
Ordaines the thesaurer ... to provyd a dinner to soe many of the
burrowes ^ as the lord Provest sail be pleasd to call therto tomorrow at
twelf a clock. . . .
Forsamekle as the Provest baillies and counsell of this brugh being verie Act in favouris
sensible of many guid offices done to them be Su- Adam Heiiburne of Humbie Hepburne
ane of the Senatours of the CoUedse of Justice and in particuUar in purchasing hous mthout
the Societie
to them the superioritie of the Potterraw and West port doeth heirby give port.
' Tliis proposal obviously followed on the demand of the Commission of Assembly, dated
30th January, that Parliament should take steps to abolish patronage, " an old greivance of
this Nationall Kirk." On 9th March the Estates abolished patronage " whether belonging to
the King or to any lait- patron, presbyteries or others " (Records oj the Comminsion, ii., p. 185,
and A.P.S. vi., p. 261). This, along with other legislation of the time, was revoked by the
first Parliament of Charles II. Balfour (vol. iii.) criticises the action of the Estates severely,
remarking also, that Argyle, the Lord Chancellor and Warriston " durst doe no uther wayes,
lest the leaders of the church should desert them and leave them to stand one ther auen feeitt,
wich without the church non of them could weill doe."
- The silver stoups must have been those presented by the Bishop of Lincoln in 1618
(Extracts, 1604-26, p. ISl). The covered cup must be the bowl presented by the widow of
Richard Pearson, draper in London in 16l'S (Extracts, 1626-41, p. 43). See Extracts, 1626-41,
p. 53, for a previous list of the Town's gear.
' Probably the commissioners of burghs attending Parliament.
192 EXTRACTS FROM THE RECORDS
and graunt to the said Sir Adam and his familie that seat in the Grayfreir
kirk right befoir the second pUlar on the east end and north side of the
said Idrk . . . and sicklyk apjjoyntis the baiUies of tliis brugh present
and to come to have a special! cair that the said Sir Adam and his famihe
have frie passage in and out at the Societie port to and fra this brugh to
his hous in Bristo at all lawfuU tymes of day and night And that the saids
porteris present and to come be commandit to doe the same that the said
Sir Adam and his famihe have no just cause to complean And farder
dischairges the liaiU nighbom's of this brugh or anj' of the countrey j^eople
who comes in to this brugh for mucke in any pairt at the bak of the Toun
wall betwix the Societie port and the back of Heriotts Hosi^itall forganis
the said Sir Adam his hous im-espect the samen is verie unpleasant and
maks a filthie passage and be tyme will rott the groimd of the waU and if
any sail failjae therin that it be lesome to the constables of this brugh
and Potterraw (the owueris being first requyrit) to remove the same Or
that the said Sir Adam or any uthers in liis name sail stope hinder and cans
remove the same to quliat use they best pleis to the effect the passage may
be frie the streit keipit clean and the Toim wall preserved from rotting as
said is. . . .
2lst March 1649.
[Commissioners are sent to Glasgow for the transportation of M' James
Durhame.] ^
Gratuitie to the Refsris to the baillies to gratifie my lord Register and Sir WiUiam Scott
ter'^an'd si?^" and his servaudis for their paines taken in Parhament in the Toims affaires
*™ '^° ' passing and extracting of actis of Parhament in the Touns favours. [Sir
WUliam is to be admitted biu-gess and gUdbrother gratis.]
Forsamekle as be ordour of the Committee of Parhament the counsell
are commandit to put the Toun in amies and to have a strong guaird at
the executioun of the Marques of Hunthe quho is to be execute at the
Mercatt crosse of this brugh the morne eftirnoone Thairfoir ordaines a
proclamatioun to i^as throw this Brugli be towk of drum to command
and chairge that the haill nighbours and inliabitantis within this brugh
be in reddmes the morne at eleven hours in the fou-noone with muskit
powder ball and matche and uther auinoiu- to attend their severall captaines
and commanderis and to obey such ordoiirs as saU be enjoyned unto them
under the paine of twentie punds xmforgiven.^
' See p. 186 supra and note.
- See Balfour, iii., p. 393, who notes that the Marquis refused to be relaxed from the
Church's sentence of excommunication. Sentence was pronounced on 16th March by the
Parliament [A.P.S. vi. (2), p. 327). As the Treasurer's Accounts for this year are missing,
there are no details recorded of the manner of the execution.
OF THE BURGH OF EDINBURGH 193
[A committee is appointed to receive tlie two new ministers, M"' Robert Traill
and M'' George Hutcliisone. A dinner is to be given in their honour and they
are to be admitted burgesses and gildbrethren gratis.]
23rd March 1649.
[The accounts of Robert Fleyming, kirk treasurer, show a charge of
18,437" 15^ 3" and a discharge of 18,437" 15^ 3".]
Resaves Edwaird Dune skipper indwellar in Leith to be pillott there for Admissioun
inbringing and furthcarieing of strangeris shipjjs and vessells or uthers atLefth.' °
quho will imj^loy liim to and fra the port and harborie of Leith. . . .
[The accounts of David Aikinheid, collector of kirk rents show a charge of
8,529" 6** 9'' and a discharge of 7,368" 3^ 7''. His accounts as collector of the
rents of the bishopric of Edinburgh show a charge of 6,629" 2^ T' and a discharge
of 5,837" 4^ 1".]
■26th March 1649.
[The sum of 3000" paid to the Marquis of Hamilton in 1613 for his great
lodging in the College, with the interest, is to be taken from the College rents.] ^
28th March 1649.
[The Provost presented in Council certain acts and bonds granted by the
Estates in favour of the Town, among which the ratification of the imposition
on house rents for the ministers' stipends,^ dated 2"'^ March 1649, and the
ratification of the small excise on wine and tobacco, dated 8"" March 1649.] ^
Forsamekle as Sir James Stewart pre.sent Provest . . . taking to his [Approbation
of the
considerationn the heavie biirdeins and great debts lyand upomi the Provost's
commoun gnid of this brugh occasioned sen the trubles began . . . Therfoir Town affairs.)
did resolve with himself to sute from the honorable Committee of Estaites
some new impositioun upoun wynes and tobacco as sould be imported
and vented within the said brugh and liberties tlierof And in prosecutioun
of his resolutioiin did give in a bill to the said honorable Committee desjreing
eight penneis to be imposed upoun ilk pynt of Frenshe wyne and sextein
penneis upoun ilk pynt of seek and uther strong wynes and liquours imported
and ventit within the said brugh and liberties foirsaid with ane grott upoun
ilk pund of tobacco sold and ventit within the saids bounds The quhilk
bill the said Sir James be his awin credite vigilancie and cairfullnes for the
guid of the said towne did obtene to be grauntit in maner fonsaid with
ane recommendatioun from the said honorable Committee to the E.staites
• See Extracts, 1604-26, pp. 82, 83, 84, 96, 98, 104, for the story of that transaction.
- See A.P.S.. vi. (2), pp. 225-6. This act authorised the levy to be made without exception,
thus including tlie College of Justice and all residents, whether bui-gesses or not. It provided
for the representation of the College of Justice on the committee for valuation.
' See Ibid., pp. 241-3. This sanctioned the collection of the excise iii the burgh and its
liberties and in all lands and territories belonging to or held of the burgh in North and South
Leith, St Cuthbert's and Canongate.
N
194 EXTRACTS FROM THE RECORDS
of Parliament then ensueing that by thek authoritie the same might be
ratified . . . and hes accordinghe obteand the same ratified and past in
this lait Parhament And the counsell farder considering that tlie comptes
quhiLk the pubhct is awand to them for the moneyes debnrsit be them
at the siedge of the Castle and imployed upoun the fortificatioiin of Leith
with the chairges . . . debiu'sit upoun their regiment quliilk wes put
out in September last with the annuelrentis thairof . . . with some
particullar debt awand be the pubhct to particullar persones of this brugh
quho have beine verie instrumental! in tliis bussines . . . and also the
debts dew be the pubhct to the Colledge of tliis brugh and Heriotts Hospitall
are all allowed be the auditours appoynted be the Committee of Estaites
. . . and thaireftir approven and ratified by the Parhament and the
Parhamentis band obteind for payment therof and of the amiuehent therof
ay and quhill the same be payit ^ All quhihiis actis approbatiouns ratifica-
tiouns statutes and bandis of Committee and Parliament the said lord
Provest be his awin moyen paines and Industrie with a great deall of
toyll trouble and cUficiiltie hes obteind . . . For wliicli the counsell aU
unanimouslie gives unto his lordship hau'tie thanks for his cair and affectioun
quhieli so eminentlie lie hes heirby kythed to the weilfare and standing of
tliis brugh And the counseU considering that so great affaires could not be
managed without great chairges gratificatiouns acknowledgment allowances
and debursementis and that it were verie unfitt and unnecessar that the
particullar way of these tilings soidd be maid knowen and manifest to everie
persone thairfoir the liaill magistrattis and counsell . . . gives fuU power
and commissioun to the said Sir James Stewaht Lord Provest [the baillies,
dean of gild, treasurer and five otliers] or any tlirie of them to advyse . . .
quhat gratificatiouns ... or any thing els utherwayis necessarie in thair
discretioun sail be thoght fitt to be gevin the samen not exceiding fyve
thowsand merkis. . . .
[The foUowuig persons are to be admitted burgesses and gildbrethren :
Edward Gillespie and David Mihie, James ClieisHe, servant of the Provost,
Laurence Scott of Baveley, by right of his wife Margaret Boyd, daughter of
Stevin Boyd, merchant burgess and gUdbrother, the first three gratis.]
[Copper for Appoyiitis Tliomas HaUday brasier to goe over to Hamburgh ^ with
Tron Ku-k.f James Tailfcir merchant and there to sie the theikmg of their kirks and
to informe himself that he may be the moir able to theik the Trone Kirk
with copper and to assist the said James Tailfeir to provyde the copper
accorduig to the contract. . . .
' The total sum for which bonds were granted by Parliament amounted to 180,467U 3s 1 Id,
exclusive of interest. See A.P.S. vi. (2), pp. 364-6.
' See p. 184 supra.
OF THE BURGH OF EDINBURGH 195
4:th April 1649.
[M"" George Hutchiesone is appointed minister to the church of the north
west parish vice M^ Robert Douglas transferred to the north parish ; M'^ Robert
Traill to the church of the south west parish with M'' Mungo Law ; M^ Robert
Lawrie is transferred from the church of the north parish to that of the south east
parish.] ^
Ordaines the bailUes of Leith to lav on sodgers iipoun sucli of the Quartering of
1 !• nT- \i7- sojours ... in
nighbours there as refuisis to pay their stent and ordaines Major Weir to Lcitii.
send doun twa ratt of men under the command of a serjand for that effect
and that no sodger be laid on bot at the command of the saids baillies. . . .
[The accounts of the dean of gild show a charge of 1,919" 16« 4'' and a dis-
charge of 7,219" 16" 4<i.
The accounts of the treasurer show a charge of 54,692" 3^ 6" and a discharge
of 54,925" 14" 80.]
6th April 1649.
[The Council and extraordinary deacons] Ordaines the baillies to iraploy Reparatioun of
the nighbours of this brugli to attend iipoun tlie reparatioun of the Croiin the steipie.
of the steiple weiklie thrie nighbours of ane quarter . . . quliill the warke
be endit.
Forsamekle as the magistrattis of this brugh are dayle troubled witli Exacuoim of
sindrie persones anent buyeing and selling of horses witliin the mercatt of uii iiorse sale.
this brugh the buyeris comnionlie being deceived be stoUin horses and
challenged for the same and usuaUie put to prove the lawfuU buying therof
and many tymes losses both the hors and their money Thairfoir . . .
ordaines that the customeris of the West port present and to come take up
a perfytt roU of the haill hors sold in the mercatt or without the samen
within the Touns bounds on everie mercatt day with the names of the
selleris and buyeris tiiairof the pryce age and cuUours of the saids liorsses
and to exact of the buyer for everie hors that is sold . . . four schillings
money for bulking of the samen . . . and ordaines the saids customeris
to give in these rollis to the commoun clerkis of this brugh weiklie to the
effect the samen may be buikit in a commoun authentique register. . . .
The BaiUies and wholl counsell . . . takeing to their serious considera- Approiiatioun
tioun tlie faithfull carieage and behaviour of Sir James Stewart lord Provest Stewart and
,,,, n 1 I- • !• ■■ • James Bortli-
and James Borthiuk dealien oi the chirurgians their commissionens . . . wiiis services.
in the lait Parliament . . . doe approve of their carriage in the whoU
progres of the said Parliament ... as faithfuU and honest and much
redounding to the weill of tlie brugh as may appear by the several! effectis
' Their chvtrehes were as follows : N.W. parish. West St Giles ; N. parish. New Kirk,
St Giles ; S.W. parish, Grayfriars ; S.E. parish Tron church, probably in use though the roof
was only wood as yet.
196
EXTRACTS FROM THE RECORDS
Fortiflcatioun
of Leitli.
[Kirk seats.]
and resultis of their sutes and supplicatiouns with the actis bandis and
ratificatioims of Parhament following thernpoun specifeit and conteind in
twa severall actis of CounseU of the twentie eight of Marche last recordit
as a testimonie of their foirsaid fidelitie and great deservings in all tyme
comeing.
[The College accounts for the years 1644-1646 are exammed and found
correct.]
Ordaines the bailKes to cans wairne a certane number of the nighbours
in their severall quarteris to come to the counsel! on Moonday morning
efth" sermon to the effect the CounseU may acquaint them with the desyre
of the Committee of Estaites anent the fortifieing of Leith and borrowing
of money therto.^
Forsamekle as the guid Towne is at great chairges and expensis in the
repaireing of their kirks and bigging of seatis and sieing many of the
nighbours are slacke in paying of the yeirlie dewties thairof and uthers
quho possesses the best seattis pleadis exemptioun and inimunitie for
paying of anj?^ dewtie quhairby the rentis of the seattis are much diminislied
Quhairfok the counsell ordaines that the haill nighbom's within this brugh
pay the yeirhe dewtie of their seattis without exceptioun of j^ersones and
that nane be provydit to any seattis bot these that pay dewtie for the
same except the lordis of Committee Privie Counsell and Sessioun allenerlie
to whom pubhct seattis are provycht to their use.
Fortiflcation
of Leitli.
9th April 1649.
[The Council, extraordinary deacons and neighbours agree to the proposals
of the Committee of Estates for the repair of the fortifications of Leith. that their
servants and others be employed at tlie work and that the cost be taken from
the excise of the burgh. The treasurer is ordered to borrow 20,000" for pay-
ment of workmen, for which bond will be given] And the counsell with
advyce of the nighbours thinks fitt that the helping of the saids warkis
sail be in the handis of the guid Towne and that the Committee of
Estaites be desyred to mak their declaratioun for that effect ^ and sicklyk
' Parliament on 23rd February had appointed the eonimittee for inspecting the Castle,
with the general officers, the Provost and others of Edinburgh to inspect the state of the
fortifications at Leith, giving power to them to summon to give assistance in repairing them,
the parishes and burghs within the sheriffdom of Edinburgh {A.P.S. vi. (2), p. 212). Authority
also was given to impress cannon from the ships or any others belonging to the public.
' The question of the governorship of the fortified town of Leitli had been raised in
1626 when Charles I proposed the plan. The Council had asserted that, unless it lay in
their hands, their rights in that town would be much prejudiced. It appears that the
subject was much discussed and there is no evidence that the King granted their request.
Indeed, from the tardiness shown in constructing the fortifications, it is probable that the
point was never expressly settled. See Extracts, 1626-41, pp. xxxvi, xxxvii. Appendix i.,
p. 267, Appendix viii., pp. 299-307.
OF THE BURGH OF EDINBURGH 197
that the Committee be desyred to give ordour and warrand to the
magistrattis ... to imploy the haill hors that comes in to the Toun with
aill and beir for carieing do\in of stanes fra the siDiu-re of tlie Castle to the
saids warlis upoun a reasonable pryce for the sled draught and hors laid
and sicklyk to get ordour and warrand for breaking of ground casting of
sods faill and devott in any commoun paii't within a mylne and ane half
of the saids fortis for the use thairof.
11th April 1649.
[The constables are ordered to have the Town cleaned by next Sunday at
latest. Any constable, whose bounds are not clean by that time, will be fined
20". Their moderator is to intimate the order.]
18th April 1649.
[The Council and extraordmary deacons] Taking into then' consideratioim Mo middiugis
how much the commoun wells of this brugh and the watter therof are nearwcius.
filtliihe abused and imbittered with the stablers fuilyie lyand in mucke
middings upoun the hie streitts neir the saids wells espeacialhe now in the
sommer tyme and sicklyk considering how costhe the pompes of the saids
wells are in making mending and uj^halding therof and how easihe they
are brokin by stableris and utliers ch'awing watter continuallie therat in
great aboundance to watter their horsis thairwith throw their awin sweirnes
to ryd out to the loche the ordinarie place for wattering of then' horses
[therefore proclamation is to be made forbidding the laying of middens on
streets and the watering of horses from the wells and ordering that horses be
watered at the Borrow Loch or other places near the town and that middens
be removed to some remote place within 24 hours.
[The baiUes are to assist Sir Wilham Dick in the collection of the excise on
wine of which he has a tack from the Estates.
Andrew Ker, Common Clerk of the Town is appointed clerk of the barony of
Portsburgh and Robert Adamsone, his servant, appointed dejjute clerk.
A committee is appointed] to make a clear separatioun of that qulrilks [Separation of
belongis to the kirk thesaurer to debiu'se and quliat belongis to the Toun. . . . Tomi
revenues.]
16th April 1649.
Afternoone, in the College.
[Commissioners are appomted anent legacies not yet forthcoming.
A committee is appointed] to speak with James Wright and Alexander [CoUege yards.]
Dowglas for the yairdes appoyntit to be boght fra them for the use of the
CoUedge.i
' See p. 190, the legacy of James Barns for that purpose.
n2
198
EXTRACTS FROM THE RECORDS
[Land for
College.]
[A committee is appointed] to speak and daill with the pairties concerning
the buying of the Laird of Lngtouns land for the use of the Colledge.^
[Chambers in
CoUege.]
[Perambulation
Soiit}! Leith
and Kestaliig.j
Noe unfriemen
to be
chirurgianes or
barberis witliin
the Tounes
liberties.
I8th April 1649.
[The following persons are to be received burgess and gildbrother : James,
Earl of Hartfeill, Sir John Cheislie of Kerswell,^ John Wauchop of Niddrie and
James Grahame, servant to Sir- John CheisHe. The following are to be received
burgess : Alexander Cuniyng, servant to Su- John Cheishe, James Creichtoun,
brother of Lord Dumfries, sheriii' of Teviotdale,^ M^ John Strudgeon, Thomas
Jakson, servant to the Earl of Hartfeill, WUliam Blah', servant to Sir John
Wauchop, John Young, servant to James Creichton and John M<^Capie.]
Forsamekle as Ai'cliibald Sydserf nierchand lies biggit twa chabneris
in tlie Colledge for the use thaii'of and lies delyvered the keyis to the counsell
and thesaurer of tlie CoUedge Thairfoir ordaines that his freinds and
acquainttance be preferrd to the possessioun of the saids chabneris befoir
uthers for iiaynient of the yeirlie maill and duetie tliaii'of and such eas as
uther biggers getts.
[A committee is appointed] to attend the perambulatioun of the parocbin
of South Leith anent tlie disjoyiiiiig of the toun of Restahig thairfra quhilk
is to be on Moonday iiixt.*
20th April 1649.
Takeing to their consideratioun the prejudice that the friemen
cliii'urgianes and barberis of tliis brugh susteins be the unfrie men surgeouns
and barberis in the Cannogait Leith and uther suburbs and i^endicles of
this brugh doetli heii'by requyre the baillies of the Cannogait Leith and
uther suburbs ... to be assistante and concurre with the deaken of the
cliii'urgianes and barberis of this brugh in taking ordoiu- with the unfriemen
surgeouns and barberis in their severall boundis respective foirsaid and
that nane exerce the craft nor put out signes or basens there quhill thej^
obtein libertie of the craft and be subject to the ordours and injunctiouns
of the deaken and friemen of this brugh of the foirsaid craft. . . .
' The Creichtouns of Lugton owned land in St Leonards Wynd, on the east side (Court Book
of the Burgh of Canongatc and Regality of Broughton, pp. 3 and 4, and see index for further
I'eferences). It may have been this land which the Council wished to buy for the College.
- See p. 175, where his name occurs in the same connection. This latter entry appears
the real one.
^ The Burgess Roll says sheriff of Nithsdale, which is more probable.
* See South Leith Records (First Series), p. 37 and note. This plan was not fulfilled at
the time.
OF THE BURGH OF EDINBURGH 199
23r(Z April 1649.
In the College.
Appoyntis M^ Andrew Ker their clerk to look out of the counsell book ^^[^f^^l '° "^e
the particuUar burseris belonging to the Colledge agains the nixt meitting. f^'^l"'''™'' °^
The same day Thome Simimei quhilk wes givin in be the Colledge by hookis. . . .
Henricus Sandilandis and Cornelius Inglis anno i"" vi<= twentie thrie is
excambed for Plutarches Moralls.
27t?i April 1649.
[Extract of the act of the Committee of Estates as to the fortification of
Leith.]
2nd May 1649.
[The Council and extraordinary deacons] Ordaines the dean of gild to f^^^^J''?"
send over to Holland to the Conservatour for thrie hunder niuskitts of
on boh' and thrie hunder swords and ordaines the dean of gild to wrytt to
the Conservatour for that effect and to send them over by the most safe
and commodious occasioun he can and to answer his bill of exchange upoun
demand. 1
[A seat is to be chosen in S' Cuthbert's church for the magistrates.]
Agi-ees to sett in take and assedatioun to Robert Trotter aU and haill Jak to Robert
* Trotter of
thes housis lyand in S* Pauls warke alsweill thes designed and appoynted stPauuwork.
for the Correctioun hous presentlie occupyed be Robert Stanfeild as thes
without the boundis of the said Correctioun hous upoun baith the sydis
of the clos with the haill yairds belonging thairto ^nd thair pertinentis for
the spaice of seven yeires nixt and immediatlie following thair entrie thairto
quliilk sail be and begin the day and dait heirof and to delyver to the said
Robert Trotter the haill loonies and matteriaUs presentUe standing within
the saids housis conforme to ane particuUar inventar thairof to be subscryvit
be the saids taksmen and to repair the defective loonies upoun the Touns
chairges and the housis to be maid windtight and wattertight upoun the
Touns expensis also And sicklyk agries to give thair best assistance and
concurrance for furnishing of boyis to the warke from the age of seven
yearis and upwardis and to procm'e fra the sessiouns of this brugh the soume
of ten punds money weiklie towardis the maintenance of the saids boyis
And that the annuelrent of the souraes dotted thairto be the benefactores
extending to the principall soume of four thowsand nierkis quhilk is in the
Touns handis and the annueUi-ent of David Jonkeins money dotted to the
said warke quhen it sail be recovered be lykwayis imployed toward the
' This order does not appear to be noted in Thiomas Cunningham's journal. He was
already heavily in debt for arms and ammunition purchased previously.
200 EXTRACTS FROM THE RECORDS
maintenance of the saids boyis within the said warke and sicklyk agries to
pay to the saids taksmen the annuehent of the soume of ane thousand
pund sterhng left be M'' Johnstoun to set the poor of this brugh at warke
and that yeirhe and termhe at twa termes in the yeir Witsonday and
Mertimes in winter be equall portiones begimiand the first termes payment
thau'of at the feist and terme of Mertimes nixtocum And to delyver to
them ane act of the saids sessiouns for payment of ane hmidreth pund
sterhng yearhe towardis the saids Correctioun hows and intertainment of
vagabouncUs and cliildren witliin the said warke Quhilk liaill annueh'entis
and money to be gevin be the sessiouns sail be disposed upoun be the
advyse of six men to be appojTited be the counsel! and thaii- successours
for the taksmen better imployment thairof And the saids taksmen to be
bund and obleist for thair pairt to keip and hold als many poor childrein
at warke witliin the saids housis in spining fyning and making of stuffes
and cloath as will keip up the haill loonies within the same goeing dayhe
and to cans teache and traine them up in fyning spyning and weiving
and to keip them at that exercise quliill they be perfytt thairin and to
intertein them dureing that tyme at bed buird and cloathis and tliaireftir
to imploy them in such uthers warks as the undertakeris sail find fitt upoun
such wages as they can agrie and that the saids taksmen accept of boyis
to the warke of seven yeires of age and upwardis dureing the tyme of the
said take and swa oft as any of them sail dejiau't tliis lyfe or rin away fra
the warke to provyd uthers in thair place And the saids taksmen bind and
obleisis them that na warke sail be \vTouglit within the saids housis but their
owin warke quhilk sail' be wToglit there from the wooll to the merchand
and that they sail take no nighbours warke in to thah housis especealhe
na spun yairne to weiv nor woven cloth to walk nor new or old clothis to
dress bot that all clothis and uthers to be wroght there be begun at the
woU and end at the merchand And that they sail not weiv any thing upoun
pricks that is to be walked and that they sail not lyme grow nor alme
skinnis or peUottis nather be themselves nor thair servandis within the
said warke And that they sail not harbour and resaitt friemens servandis
or prenteisis under quhatsumever cuUour or pretence under a penaltie
at the will of the magistratt and as the offence deserves And for the better
performing heirof that the counsell make clioyce of four of thair number
qulia saU have power dureing thair office with ane or mae of the magistratts
to enter in to the said warke and there to take inspectioun survey searche
and tryell of all enormities and offences done witliin the same and punishe
the same accordinghe and this to be done once in the monetli at the least
and often as the occasioun sail requyre And that they take prenteisis to the
said warke that may be able to win jurneymens waidges befoir they come
OF THE BURGH OF EDINBURGH 201
to eiglitein yeii-es of age And to keip ane master within the said warke for
learning of the poor childrein to read wi-ytt and catechise them And that
tliair be severall liousis ajipoynted in the said warke that men and weemen
may be keipit sindrie be tliemselves for avoyding of all suspitioun and
scandle And that they provyd a sufficient man to be Master of the Correctioun
hows and to keip ane for correcting of vagabounds and to give them sufficient
maintenance out of the saids somnes provydit as said is And that they
repau' the callender myhie upoun their awin chairges And sicklyk that
the saids undertakeris bind and obleis them to content and pay to the
Provest baiUies and counsell of this brugh and thaii' successours yearhe
diu-ing the tyme of the said take sex hunch'eth merkis Scottis money for
seaUing money of all goocUs maid within this brugh and hberties thairof
and to be transported to forrane places and that a seahnaster be admitted
resaved and sworne be the counsell for that effect And that the saids taksmen
be obleist to redelyver to the counsell and thair successours all such
matterialls loomes and uthers tooles and instrumentis that sail be delyvered
to them upoun inventarie at the ische of the said yeires in als guid estate
as they resave them for the tyme. . . . ^
Ordaines that no massouns wrights or niahbours within this brugh or [Proclamation,
" " 111 • building uf
liberties thairof presume nor take upoun hand to dnnohshe or repair any houses]
housis within this brugh or liberties of the samen or stricke out dooris or
windo\vis or liight chimneyis or dig big or repair any housis or pairtis thairof
tiU first tliey acquaint the dean of gild and his counsell thairwith tliat they
may take inspectioun and give jedge and warrand to proceid. . . .
Gives ordour and warrand to the committee of the counsel) for the [Fortification
fortificatiouns of Leith to take in such bounds for enlargeing the warks as
they find fitt and necessarie to be done. . . .
Uh May 1649.
[Election of baiUes of Portsburgh : James Eilleis baron baiUe ; Edward
Cunnynghame and John Dickiesoun resident baUies.]
^ih Mmj 1649.
[Major Weir and his soldiers of the night watch are to be paid off and the
neighbours are to keep their ordinary watch.]
nth May 1649.
[The Council's seat in the West Kirk is to be in tlie north end of the west loft,
commonly called Braid's loft. A door is to be broken through the waU.]
• See Extracts, 1626-41, for the organisation of the manufactory at Paul's Work and of the
Correction House, and p. 189 supra.
202
EXTRACTS FROM THE RECORDS
[Great south
window of
St GUes.]
[Burgess and
gUd.]
[Chamber in
the College.]
16th May 1649.
Agries with Johne Milne master massoun to dresse the great south
window of the mid kirk and to furneis lyme sand and skafFolding and such
lyke matterialls neidfull for twentie pund sterhng.
Ordaines the dean of gild and his counsell to admitt and resave Indian
Moreis and Jo" Rigmorter dutchmen to be burges and gildbrether . . . in
communi forrna. . . .
I8th May 1649.
Ordaines the thesaurer of the CoUedge ... to big a chalmer in the
CoUedge with the moneyis resaved be him of umquhile WilUam Porteris
legacie . . . and to put the defunctis name and armes thairupoun in
memoriallof his benevolence and encom'agement of uthers to do the lyke. . . .
[The Provost and James Berth wick commissioners to the ensueing Parliament.]
Agriement .
North Kirk.
2Zrd May 1649.
Agries with Johne Scott master wright for the haill warke of the north
paroshe kirk of this brugh ^ . . . and to worke and put up ane timber wall
betwix the kirk and the assembhe hous all alongs to the great portell of
ten or elleven fute height and furnishing timber nailles thairto And lykwayis
to cutt and lay the great portell als laiciie as within a fute to the sol of the
stane window without it for letting in the light above it All the haill wark
for the soume of twa hundreth pund sterUng. . . .
[College
Chambers.]
[Engine for
drawing
water.]
28th May 1649.
In the College, [the College Council appoint a committee to meet M"' John
Charteris, minister of Currie, anent his petition for an increase of stipend.]
[A committee is appointed] to try the easiest way for bigging of chalmeris
in the CoUedge and to speak Johne Milne and any uthers quhom they pleas
for that effect.
Appoyntis the thesaurer ... to give to M^ Johne Book twa hundreth
merkis money for his paines takin in that samplarie mathematical!
instrument and ingyir devysit be him for drawmg of watter arteficiallie for
serving of the brugh or uther service . . . and gives libertie to the said
M'' Johne to use his artifice when and where he pleases.
[A committee is to approach the CouncO concerning the prejudice to the
College by the crafts' mortcloths.]
1 See p. 187 supra.
OF THE BURGH OF EDINBURGH 203
ZOth May 1649.
[The following commissioners of the Royal Burghs are to be received burgesses
and gildbrethren : Alexander JafFray, Aberdeen, James Sword, S' Andrews, George
Porterfield, Glasgow, Hew Kennedie, Ayr, Thomas Bruce, Stirling, M'' William
Barkley, Irvine, M"' John Hay, Elgin, Thomas M<^birnie, Dumfries, WiUiam Broun
agent to the burghs ; also James Decoronet, Frenchman of Bordeaux.
Following on the complaint by members of the College Comicil] the comisell [Mortcioths.]
upoun consideratioun of the premisis heirby dischairges any persone within
this briigh to use any velvit mortcloaths or lend the same out to any persone
quhatsuniever but the Toun niortclotlies allenerhe conforme to tlie actis
of the eight of Apryll i™ vi*^ fourtein and seventein of March i"^ vi^ fourtie
thrie and ratifie the sanien and all uther actis and statutes maid thairanent
of befou" in any tyme bygane.
6</t Ju7ie 1649.
[An attempt is to be made to get payment of the 5,000 merks left by WiUiam
Rig of Athernie for bursars in the College.]
?,th June 1649.
Ajipoyntis M"" Patrik Hendersoun to acquaint the muiisteris of this [Fortmcation
brugh of the slow procediu'e of the warks and fortiticatiomas of Leith
throw neglect of the servandis who sould goe doun to worke thairat and to
give to ilk church ane particullar pajjer desyremg the minister of everie
paroshe to intimat the same on Sunday nixt befoirnoone and to use all
forceable arguments that may move them to goe about the warke more
seriouslie and effectualhe and to appoynt the elderis and deakens of the
paroshes to attend them in then- tour to that effect.
Ibth June 1649.
Compeird David Bucquhan Englishman and gave in the act of Parhament [Release of
underwrittin desyring the samen to be read in audience of the counsell Russeii.i
quhairof the tennom- followes At Edinburgh the fourtein day of Junii i™ vi^
fourtie nyne yeu-es the Estaits of Parhament taking to their consideratioun
the supplicatioun given in to them be Frances Russell Enghshman humbUe
shewing that quhair upoun the twelf day of Mali lastbipast without any
foirthoght hatred or rancour it pleased God to suffer the said suppUcant
to fall in a sad and deplorable accident in killing Robert Richardsone
Enghshman \vdth ane pistoll not knowing the samen to be chairged and
the said pistoll not belonging to ather of thame For which woefuU accident
the supphcant has bein incarcerat in the prisone of Edinburgh evir since
and sieing it is manifest to thos who knowes both that the suppUcant wes
204
EXTRACTS FROM THE RECORDS
The seall of
the baronie of
Portsburgh.
[Forts at
Leith.]
frie of all malice or designe to bereave his awin freind of his h'fe and that
upoun a letter from the magistrattis of Edinburgh to the defuncttis parents
and freinds resideing at Durhame in England showing the veritie of the
said unhappie accident . . . they have declaired be than- answer to the
saids Magistratts . . . that they are unwilHng to prosecute law agains
hun and are content that the said suppUcant be put to Ubertie . . . and
thairfoir humblie supphcatting that according to the lait act of Parliament
ordaineing non to be punished to death for casuall homicid and that they
are lykwayis both EngUshmen who are not punished to death for such lyke
accidents the saids Estaittes of Parliament would be pleased ... to give
ordour to the Magistrattis of Edinburgh to put the said supphcant to
hbertie . . . [The Estates, having considered the foregoing, order that Frances
Russell be released and the Council order the baillies] to sett the said Frances
Russell to Ubertie he paying the dues of the hows.^
[James Riddell, merchant, is allowed to build his soap work in the Dub row
of Leith, preserving the lights of Christian Robertson's tenement and the original
width of the vennel.] ^
20th June 1649.
Finding it necessarie to have a commoun seal for the baronie of Ports-
burgh to be appendit to their chartours and preceptis of clare constat and
suchlyk and haveing sein a draught therof this day presented to the counsell
bearing the castle of Edinburgh on the right hand and twa httle villages
and some treis upoun the left hand with thrie portis and the sun and clouds
above all and some fowUs flieing in the air aboute the castle with this
circumscriptioun sigillvm burgi de edinbvrgh baroni.e svje de ports-
BVRGH the counsell approves therof and ordaines their thesaurer to cans
grave the same upoun silver. . . .
Appoyntis the bailUes David Williie and Johne Denhame with Michaell
Gibsone to agrie with James Boirlandis for his right of the superioritie
of the Kings Stables. . . .
[By act of the ParUament the annuity upon house rents is increased to
six per cent.] ^
Ordaines Johne Mihie master maissoun to big the staine warke of the
fortis nixt to the bulwarke first with all diUgence conforme to the draught
given to him be Generall Hamiltoun.
1 See A.P.S. vi. (i!), p. 411. " See South Leith Records, i., p. 102.
^ Because it had been found that a levy of 5 per cent, would not make the desired total
of 19,000 merks payable for the stipends of six ministers {Ibid., pp. 416-9). See also p. 193
and note.
OF THE BURGH OF EDINBURGH 205
27<A June 1649.
[James Eillies and David Kennedie are elected commissioners to the General
Assembly on 4th July.^
Sir James Stewart and James Borthuik are elected commissioners to the
Convention of Burghs at Queensferry on 3'''' July. James Eillies and George
Cleghorne are to be their assessors. ^
Alexander Steill in Ravelston is to be burgess gratis, for his service done to
the Town works at the quarry there.]
Afternoon, the College Council in the College.
Electis Mr Samuell Rntherfurd ane of the professours of divinitie [at] (Professor of
S* Androis to be jirofessour of divinitie in tliis Colledge in place of uraquhile
Doctor Sharp. . . .*
[Mf Johne Adamson is elected commissioner to the General Assembly.]
13;/t July 1649.
Forsamekle as the counsell taking to tliair consideratioun the report ^^^^\ ^1°'
maid by my lord Provest of the diligence of thair commissioneris at the convention of
J J o . c burghs.]
lait conventioun of Borrowis in Quensferrie and especealUe of the protesta-
tiouns taken be them agains the burrowis anent the augmentatioun of the
Touns proportioun of the taxt roll the counsell unanimouslie approves
thairof and of thair haill chhgence done thairin and thairat. . . .*
Forsamekle as strangeris natives and forraneris comeing from England Nostrangeria
Fraunce and Holland to tliis brugh with merchand goodis maks oirer thau-oi merchandice
° " bot for Scottis
at so much of the frank guidlen and testan quherin their may be much money.
fraud and guyle Thairfoir the counsell lies thoght guid that no offer be
resaved in counsell from any such stranger or native aither in frank guidlen
or testan bot that they make offer thau'of as the samen may be sold in
Scottis money.
' See Balfour, iii., pp. 418-9, for his opinion of this Assembly. It was by it that
Mr Andrew Raiusay and Mr William Colville were deposed.
- Records Convention Royal Burghs, iii. pp. 332-8.
' This appointment did not take effect. See Extracts, 1604-26, p. 296. See also p. 153
supra when Mr Alexander Colville was elected.
* The General Convention, which met at Queensferry on 3rd July, altered the tax roll of
the burghs. By this the proportion payable by Edinburgh of each lOOU of tax was 361'-
The last recorded tax roll, in 1612, made Edinburgh's proportion of lO.OOOIi the smn of
2,875U, that is 281i 15s. The increase, therefore, was considerable and the Town's coimnis-
sioners protested against it. One of their grounds of protest was that their trade had decreased,
while that of other burghs had increased. The other burghs refused to admit the protest " as
also protested that conforme to the tennour of ane act of parliament the 7 of Merch 1649
they aucht to have releif of the Toun of Edinburgh as one of theis burrowis who hes had the
greatest ease these sextie yearis bygane to the heavie prejudice of the rest of the burrowis."
(See above, note 2.) The act of Parliament referred to authorised the Convention to alter
the tax roll, with the condition that if they should fail to do so at their next meeting,
individual burghs, which foimd themselves overburdened, were to be at liberty to alter their
own contributions [A.P.S. vi. (2), p. 240).
206
EXTRACTS FROM THE RECORDS
[Payment to
decayed
burgesses.]
[Barbers of the
Canongate.]
[Anns from
Holland.)
DountakinL
the spurre of
the Castell
of
I8th July 1649.
Ordaines the masters of the hospitall to pay to WilUame Mershell printer
and David WylUe bonnetmaker burgesis of this brugh twa of our decayed
burgesis twentie schillings weikhe to ilk ane of them quhill Mertimes nixt
besyd the allowance of the kirk sessiouns. . . .
[As Andrew Simpsoim, merchant, has offered 2,000 marks for building chambers
in the College and as there are two chambers and a cellar already buUt, tlie
Council order that his name and arms be put upon these on the doors and windows,
as in other cases. When his 2,000 merks is received it is to be employed
in building two more chambers. Precedence in possession is to be given to his
relations or any of the name of Simpsoun.]
Compeird Robert Prest Andro Robertsone Johne Stevensone and
WiUiame Burne barberis of the Cannogait for themselffis and in name and
behalf of the remanent barberis there eftir severall citatiouns and wairneings
and being demancht quliat right they had to exercise the airt of sm-gerie
and barber craft within the Cannogait they absoulotlie denyed that they
exercised any poynt of surgerie but barbercraft allenerlie and ingenioushe
declared in presence of the counsell that they had na right to exercise
that craft and that nather they nor that calling there were never authorised
be any right flowing fra the barrouns of Broughtoun or any uthers thair
superiours for exercising of that craft within the said regahtie and baronie
and were nevir erectit in a companie nor subject to a deaken bot that they
and thair authours and predecessours chd exercise the trade at thair awui
hand allenerhe. . . . ^
20th July 1649.
Forsamekle as . . . the dean of gild wes ordained to send over to
Holland to the Conservatour for thrie hundreth muskitts and tlu-ie hundreth
swords . . . and sieing the samen are resaved . . . ordaines the dean of
gild to send over thrie hundreth fourtie fyve pund tluie schiUings great
Fleymis money to Holland for payment thairof. . . . ^
Appoyntis the bailhe James Rucheid dean of gild and thesaurer to meitt
with Johne Milne anent the dountaking of the spurre and utter gaite of the
Castle for the Touns use to the effect the said utter gate and aisler warke
and rough staines may be imployd in and about the Parliament clos and
meiU mar kit dykes and inner counsell hows. . . . '
• The Court Book of the Canongate and Broughton shows that the Canongate barbers, so
early as 1568 (the earliest known allusion), practised surgery.
^ See p. 199 supra.
' In obedience to the act of Parliament, 13th July (A.P.S. vi. (2), p. 484) ordering that the
outmost fortification called the spur should be demolished, smoothed and levelled. See
Gordon of Rothimay's map of 1647. Another act (p. 517) allowed to the Town the use of
the stones and the great gate for '" beautifying " the outer court of the Parliament House.
OF THE BURGH OF EDINBURGH 207
25th July 1649.
[The Council and extraordinary deacons appoint a committee] to agrie [ParUament
with Johiie Milne master maissoun anent the taking doun of the utter gaite
of the Castle and bigging up thaii'of in the Parliament clos with staires
towardis the south. . . .
•nth July 1649.
[The Council and extraordinary deacons order the dean of gild to make
Wilham Tod, factor at Rouen, burgess and gildbrotlier gratis.
The Canongate baiUes promise to assist in taking order witli the imfree barbers.]
1st August 1649.
Ordaines Johne Broun present attendar and onwaitter upoun the . • . Magazene
i-i'i ..... ,, , hous for
merchand magazen hows within this brugli quliairm is input all iiierchand strangeria
guids pertening to strangeris or unfriemen outland burgesis that at the
seaU of the saiiien to merchands biu-gesis of tliis brugli he sail keip ane
exact accompt thaii'of quliat the same sail ammomit to and that the said
Jolme sail have for his paines in wrytting up the saids accompts and
attendance thairon at the orchnare dyotts ten schiUings Scottis of ilk
hundretli pundis and that to be payit to liim be the buyer of the said wair
and that the said Johne sail signifie the same to the buyer before he doe
buy the samen to the effect the said buyer may conforme the pryce he
gives to the seller accorchnhe the said ten scliilling and also ordaines the
said Joluie Broun to take from the seller the magazen maill of the said
wair conforme to the tyme the said wair sail ly in the said hous accompting
ane or twa dayis for the weik and if the waii- remain a day of the second
weik to accompt the same twa weiks and swa furth accordinghe And ordaines
this act be extendit to the magazen of Leith also.
10//J August 1649.
[The Council and extraordinary deacons being convened] The same day Convoye.s of
wes read to the counsell the draughtis of tlirie severall missive letters to"iKi"fra^ "'*
direct from the Burro wis to the Prince of Orange and magistratts of Campheir
and to the Lordis of the admirahtie of Zeland for convoyis to our shipps in
our voyages to and fra our staple port at Campheir quhairof the counsell
does approve and that the saids missives and actis of burrowis concerning
the said staple jjort maid at the generall and thair conventioun haldin in
Juhi last be given to the Conservatour for the use of the burrowis and be
put in executioun be liim in maner thairin contend.^
1 Records Convention Royal Burghs, iii. pp. 335, 344, 345, 347-54.
Campheir.
208
EXTRACTS FROM THE RECORDS
Cock of the
steiple.
[Proclamation,
payment of
annuity.]
Appoyntis the dean of gild to have a cair of the cock of the steiple that
it be repaired or maid new as neid beis.
[In terms of the recent act of the Estates] ^ ordaines proclamatioun . . .
charging that all the inhabitantis ... of quhatsumevu- quahtie and degrie
mak dew payment to the . . . deacounis of the kirk within thair severall
boundis respective ilk persone of thair proportioun of the said yeirhe
annuitie of sex of the hundreth conforme to the rent of thair maill and
actis of Parhament maid thairanent to be imjiloyed to the use afoirsaid
and thairin contend as a constant stiepand to six of the ministeris of this
brugli in all tyme comeing. . . .
[The bailies of the Canongate, Broiighton, Leitli and Portsburgh are to concur
with the deacon of the surgeons in taking order with unfree barbers and surgeons
within their respective bounds.^]
[Chambers in
the College.)
15th August 1649.
Compeird James Monteith poutherer and delyvered the kies of the twa
chalmeris to the coimsell quhilk he lies biggit in the CoUedge for the use
thairof and grauntis to him for his guidwill that any of his name or freinds
sail have the use of the said chalmeris dureing there coru-se in the colledge
if they desyre the saine for payment of the maill therof with such ease
as any uther builder getts.
[John Coill, saddler, is to be received burgess gratis.]
[Zing's
Stables.1
nth August 1649.
[The Council and extraordinary deacon.s] Appoyntis the bailhes David
Wilkie and Johne Denhame with James Eillies and Michael C4ibsone to
make a small end with James Boirlandis anent the bargane of the buying
of the Kings Stables fra him. ... *
[Discovery of
old gold and
silver.]
22nd August 1649.
Forsamekle as there wes laitlie fund within this brugli be some maissouns
and vvTights working upoun ane old hous at the Netherbow . . . some old
gold and silver quho being conveined befoir the baillies did exhibite and
produce among them all the matter of thrie ounce weight of gold and als
much weight of silver [or] thairby denying they had any mair The counsell
ordaines the said gold and silver to be imployed in taking doun the utter
1 See p. 204 supra and note. - See p. 206 supra.
' Tlie negotiations for tliis extension of tlie burgh's bounds were protracted. The charter
for the incorporation of the King's Stables witli Portsburgli is dated 12th October 1663
{Historical Charters, No. 101). See p. 204 svpra.
OF THE BURGH OF EDINBURGH 209
gaite of the Castle and setting up the same in the entrie of tlie Parhament
clos as wes befoir appoyntit.
2ith August 1649.
Taking to their consideratioiin the great evill flowing fra several! idle [suver and gold
I^ersones and packman boyis especeaUie quho dayhe goes up and doun
this brugh streitts and vennells thairof crying Any silver or gold lace or
broken money to sell Quhilk giveth occasioun to the covetous heartis of
servandis and prentisis of many guid nighbours and strangeris to 2Jyk and
steill money fra thair masters and uthers and silver warke les or mau- and
break them and melt them and sell them at wan* worth to thes ydle feUowes
and they againe to merchands as daylie experience doeth testilie quhilk
openeth the door to commounest theives of the countrey to steill and
break and melt and sell againe and quhairby many guid nighbom's are
daylie loosing les or mair and dayhe in danger to be endanmaged if such
ane untlu-iftie occupatioun be tollerat [therefore proclamation is to be made
forbiddmg the practice under pain of imprisonment and banishment.
John Quhytt, servant to Sir Wilham Dick of Braid, is to be received burgess
gratis.]
29th August 1649.
Appoyntis Johne Scott master wright to scaffold the Idrk at the Trone [iron church
that the samen may be convenienthe theikit with the copper that is now
corned home. . . .
[A comaiittee is api)ointed to] considder quhat money is necessar to be [st cues
borrowed for outrading the crowne of the steiple befoir the winter come
on sieing the dean of gild and his box is exhausit far superexpencUt. . . .
3lst August 1649.
[The Council and extraordinary deacons order bonds to be given to Sir John
Wauchope of Niddrie, K' and Margaret Douglas, daughter of James Douglas of
Morton for the sums of 4,000 merks and 3,000" borrowed from them for tlie
fortifications of Leith. The money is to be repaid by the collector of the small
excise.] ^
Taking to their considderatioun the great extortioun used be the [siaters.]
sklaitteris of this brugh upoun the nighbom's exactit double and triple pryces
for the ruid of their warke . . . and sicklyk considering the paucitie of
thair number quhairby the nighbours cannot convenienthe be served
Thau'fou' the counsell hes agried ... to graunt the hbertie of burgeship
• An Act of Parliament of 29th June 1649 {A.P.S. vi. (2), p. 448) had given wider powers
to the magistrates in the fortidcation of Leith. The act also had granted to the Provost,
baihes and Council the coveted power of appointing the governor of the fortified town.
O
210
EXTRACTS FROM THE RECORDS
[Schoolmaster
for Currie.)
[Election of
deacons.]
gratis ... to four sklaitteris that be expert men of guid report quhoever
they sail be presented to the counsell be advyse of the deakens of the
maissouns and wrights of this brugh . . . and that thair pryces be regulat
be the counsell befoir thair admissioun.
[The stipend of M'' Harry Wilkie, minister at Wemyss, is augmented from
1,000 to 1,200 marks.]
lih September 1649.
Appoyntis the baiUie Laurence Hendersoun to goe to Currie and raeitt
with the gentlemen of the paroshe on Tuesday nixt anent the choosing of
a schoolmaster there.
19<A September 1649.
Forsamekle as the deakens of the furriours wTights massouns baxteris
flescheours wobsteris wakeris and bonnetmakeris did this day present to
the counsell a suppHcatioun with ane act of counsell of the twentie twa of
September i"" vi^ foiirtie eight desyi'ing the electioun of the six deakens
counselleris out of the fourtein deakens and of the uther twa craftismen
out of the uther craftismen of this brugh to make up eight craftismen
counselleris to be without respect of one craft more nor another conforme
to the sett and act of counsell abovementionat The counsell considering
thairupoun thoght it most reasonable and thairfoir proceidit to the said
electioun according to the sett and act of counsell foirsaid . . . and ordaines
this friedome of electioun to be observed in all tyme comeing.^
[Letter,
elections.]
21s( September 1649.
[Captam John Gillespie is to be received burgess and gildbrother gratis.]
[The following letter was received from the Committee of Estates] : For our
assured freinds the Provest baiUies and counsell of the brugh of Edinbrugh
Assured freinds the tyme of the electioun of your commissioneris for the
ensueing sessioun of Parliament and of your Magistrattis for this subsequent
yeir being now neir and that being a bussines of verie generall concernment
to the guid and peace of tliis kmgdome we have thoght it necessar heirby
to recommend to your speceaU caii- that in thos electiouns the actis of the
twentie twa of September and the fom't of October lastbypast ^ quhairof
yow have copies sent yow and the act of Parhament anent the classes *
be pimctualhe observed and that nane quho are declaired incapable by any
of the fou'said actis be maid choys of And that yow send in to us a note
of the names of the commissioneris who are chosen immediathe eftir
the electioun We rest your aflfectionat freinds Sic subscribitur Loudoun
1 See p. 169 supra. - See pp. 170, 171 supra.
3 See A.P.S. vi. (2), p. 143, 23rd January 1649.
OF THE BURGH OF EDINBURGH 211
cancellarius I. P. D. Com : Edinbvirgh tlirettein of September i"" vi^ fourtie
njTie.
26th September 1649.
Taking to their consideratioun the present conditioun of M"" WilUame ^^"^^P^"'' '■''
Colvill his hows and famiUe in liis absence and depairture furth of the ?"'Xp'','^
comitrey Hes thoght fitt to graunt towardis thair present supplie the soume
of twa thowsand merkis money. . . . ^
28th September 1649.
[The CouncU and extraordmary deacons being convened, in consideration of
the age and long service of M'' Alexander Guthrie, their Common Clerk, the
Council assumes his debt to WiUiam Thomson of Newmilnes, amounting to
6,500 merks.
John Clerk, servant of the above Wilham Thomson is to be admitted burgess
and gildbrother gratis.]
. . . Sieins that the Estaittes of Parliament have appoynted and [Ministers-
® . stipends.]
ordained that each of these six ministers sail have yeu'lie tlirettie ane
hundreth merkis for his stiepend and housmaill and have imposed the
annuitie of six of the hundreth iipoun the housmaiUes for jDayment thau-of
ordaining the first payment to be this present year . . . Thairfoir the
counsell according to thair former engadgment being willing that thair
ministeris be honestlie provydit doe appoynt and ordaine that the stiepends
and provisiouns of M'' Robert Douglas M'' James Hamiltoun M'' Mungo
Law IW John Smyth and M'' Robert Lowrie be equall to the said j^rovisioun
allowed be the Estaittes swa that everie ane of them be augmented nyne
hundreth merkis [order the treasurer to borrow 3,000" and give each of these
five ministers 900 merks more. When a sixth minister is appointed, his stipend is
to be the same.]
Taldng to consideratioun the heavie burdeins lying upoun this brugh [Town
and the great debts contracted these sindrie yeires bygane and finding
the burdeins to encres year eftir yeir and that it is verie necessarie for the
Magistrattis of this brugh present and to come to understand quhat debt
is contractit in thir tymes the present Magistrattis hes given in a roll of
the debtis new and old contracted and renewed be the counsell the tynne
of their office . . . and the causis thaii'of . . . and the counsell ordaines
this ordoiu" to be observed be the Magistrattis of tliis brugh in all tyme
comeing and thair clerks to draw up ane act thairof and thairin to resume
the haill debtis contractit be them the tyme of thau' office ... in thair
1 See pp. 160, 186 supra. In 1635 the stun agreed on for each minister's stipend was
2,000 merks with house-rent for the first ministers and 1,200 merks with house-rent for the
second ministers. Colville apparently had gone to Utrecht, where he was in 1653.
212
EXTRACTS FROM THE RECORDS
[Tron fhurch
roof.]
[Taxation.]
[Voting for
elections.]
yeir and to present the same to the counsell ilk Fryday befoir the electioun
that the samen may be insert and registrat in thatr counsell book to the
effect the succeiding Magistrattis and counseU in thair places respective
may goe easihe to the place of ilk yearis burdein and that plaice may direct
them to everie particuUar act thairin conteind swa that everie succeiding
counsell swa doeing may be punctuaUie acquaint with preceiding yearis
burdeins till it pleas God to turne the course of debt and fand out the way
to releve the Toun of burdein quhilk sould be the desyre of all the nighbours
weilwishers thairof. [Here follows the list of the debts.] ^
Agries with Thomas Halyday brasier for theiking the kirk at the Trone
with copper for the soume of fyve hundi-eth merkis money and if he be a
loser to pay him ane hundreth merkis mou-. . . .
[The Town's share of the monthly maintenance for twelve months with
allowance for the expense of collecting amounts to 78,000"] quhairunto is to be
adcUt for the Touns pairt of M' Adrian and CorneUus Lampsius money
conforme to ane act of Parliament of the sevent of August last nyne thowsand
fyve hundreth four pund ^ and for the defect thairof four hundreth fourscoir
sixteen pound extending to ten thowsand pund . . . unto the quhilk . . .
thair is to be addit for the quarterings of tlu-ie Irishe companies with thair
officeris for the spaice of a moneth viz : fra the f3^tein of September to
the fyftein of October i™ vi^ fourtie nyne the soume of twa thousand pound
conforme to the act of the Committee of Estaites maid thairanent.
[Therefore the total sum of 90,000'", divided between Edinburgh, Canongate
North and South Leith and Pleasanee, makes the Town's share to be 64,956'' 9^ 9'^
South Leith, 12,521" 15^ ; Canongate, 8,139" 2« 9" ; North Leith, 3,756" 10^ e^
Pleasanee, 626" 2^. The stentmasters are to impose the said tax within their
respective bounds.]
2nd October 1649.
[The Council and extraordinary deacons being convened] Forsamekle as this
day sindrie of the counseU were upoun the lyttis of the magistrattis for the
yeir to come and sieing the custome is that they are removed the tyme of
voiceing and uses to leive thair voices ather in word or writt to be dely^^ered
in their absence quhilk be corrupting of tyme may be miscaried Thairfoir
the counsell thinks fitt in all tyme comeing everie persone of the counsell
swa removed be calld in according to thair jalaces and give thair voices
out of thair awin mouth quhilk is the surest way to eschew jealousie of
voiceing in thair absence.
1 The total is not given in the MSS., but amounts roughly to about 72,700 merks.
* Adrian and Cornelius Lampsin were the merchants of Holland who financed the Con-
servator's purchase of arms. The Act of Parliament referred to {A.P.S. vi. (2), p. 540) had
ordered the addition to the extent for maintenance of 13,2001i sterling for their payment
to be imposed on the burghs as well as landward.
OF THE BURGH OF EDINBURGH 213
Zrd October 1649.
[Water bailie of Leith, Thomas Leishman ; baron bailies, Thomas Leishman,
Gilbert Muir.
Baron bailie of Broughton, John Denhame ; baiUes of the regality of the
Canongate, John Denhame, Thomas Calderwood.
M' Samuel M''Korne is elected one of the doctors in the Grammar School
under M'' Wilham Spens in place of M"^ James Carmure, deserting his place. ^
Council, 1649-1650 : Provost, Sir James Stewart ; Bailies, John Byimie,
Patrick Thomson, Robert Fowhs, Robert Lockhart ; Dean of Gild, George Suittie ;
Treasurer, John Liddell ; Council, Sir William Dick, James Rucheid, Laurence
Hender.soun, David Wilkie, Johnc Denhame, Peter Blackburne, John Hilstoun,
John Mein, Robert Murray, John Lawder, Gilbert Sommervell, tailor, James
CleUand, surgeon ; Deacons, James Borthuik, surgeon, George Cleghorne,
goldsmith, Gilbert M^'clelian, skinner, Michael Gibsone, tailor, Thomas Peacok,
shoemaker, David Thomson, wriglit ; Extraordinary Deacons, Alexander Lyndsay,
hammerman, Robert Pargillies, furrier, Alexander Menzies, mason, James Baillie,
baker, Alexander Smyth, flesher, James Lawsoun, weaver, John Wallis, waulker,
Francis Ker, bonnetmaker.]
bth October 1649.
[Baron bailie of Portsburgh, James AJisone.]
lOth October 1649.
[M'' Patrick Mawer is elected conjunct clerk of Leith with William Downie, icierk of
present clerk] and tliis in respect of the said William his awin desyre he '^''
being takin up with great affaires of the Estaites and thairby not able to
attend the said imployment be himself alone.
Ordaines Joluie Liddell lait kirk thesam'er to delyver to Thomas Calder- [stipends!
wood present kirk thesaurer . . . the soume of foxirtein hundretli punds
money to help to ]}&y the ministeris stiepends. . . .
Ordaines the thesaurer ... to take course for clenging the void about [street
the Parliament hows. ...
I'Mh October 1649.
Appoyntis M'" Hew McKeall to serve in the ministerie within tiiis burgh [New cimroii
in the northeist paroshe kirk of the samen as colleague with M'' Jo" Smyth
minister there dureing the counsells pleasour.
Electis Edward Cunynghame and Jo" Dickiesoun to be baiUies of the [BaiUesof
barronie of Portsburgh . . . and appoyntis the head coiu"t to be in Bristo
on Tusday nixt.
Ordaines the haill craftis within the barronie of Portsburgh calht the [crafts of
West port and Potterraw to corajjeu- befoir the counsell on Weddinsday
' Though the name is the same, this is not a reference to the master of the Grammar
School at Moffat (p. 139 supra).
o2
214 EXTRACTS FROM THE RECORDS
nixt being the sevintein of this instant and to bring with them their haill
seallis of caws letters of libertie and iither writtis qnhatsumever quhilk
they have of and concerning tiiere friedome for exerceing of their trades
and caUings within the saids boundis in any tyme bygaine to be advysit
be the counsell for t3aue to come . . .
Uth October 1649.
(Clerk of the Taking in consideratioun the frequent petitiouns of M"' James Loeane^
Canongate ^ -^ -^ °
reponed.] lait Clerk of the Cannogait desjTeing that he might be reponed to his plaice
as also the act of Presbitrie quhau'in he lies cleared any act of mahgnancie
and fincUng that he wes removed from his plaice upoiin the vacatioun thairof
be the depositioun of WiUiam Thomsone commoun clerk of this brugh (the
Clerkshipp of the Cannogait being a pendicle of the office of clerkship of
this brugh) and not forraarhe deposed for any fault or offence and knowing
the said M'' James abilities to serve in the said plaice throw the experience
he hath attained to these fjrftein yeires he lies served thairin and by the
educatioun he lies had from his father who served in the samen chairge
and considering also that he offereth to find out and sett doun sohd clear
and unquestionable wayis and nieanes for improveing and augmenting to
the guid Towne the rent of the Cannogait four thowsand merkis yeirhe
and that within a year eftir the dait heirof In consideratioun of all which
the counsell with consent of Johne Stewairt present Clerk personaUie
present doeth heirby adjoyne the said M'' James in the said office of clerkshijip
in the Cannogait and Broughton and regahtie thairof to the said Johne
Stewairt present clerk tliair giveing to the said M"" James dureing the
counsells jjleasure full power to exerce the said office and to injoy the wholl
benefice and priviledges thau'of als frielie and fullie as he did in any tyme
beforr but prejudice alwayis to the said Johne Stewaii't to exerce also the
said plaice according to liis right thairof as he saU have occasioun And
farder allowes gives and grauntis to the said M'' James ane thowsand merkis
of the said four thowsand merkis yeirlie if the samen sail be gotten dureing
his service It is alwayis provydit tliat if the said M'' James doe not show
sohd and evident grounds for improveing and augmenting of the rent of
the guid Towne four thowsand merkis or thairby yearlie within the said
spaice of ane yeir in that cais tliis present gift sail exjjjTe and be void as
if the samen had never beine grauntit And the said M"" James sail also
presenthe give band and securitie for dischairging his de^vtie faithfulhe
anent the premisis and especiallie that the registeris sail be keipit intire
' James Logan, father of this man, was clerk of the Canongate and Broughton from 1568,
if not eariier {Court Book of the Canongate).
OF THE BURGH OF EDINBURGH 215
perfytt and full and that at liis renioveall fra the said office by death or
utherwajds the haill prothecolls and utiier registeris and reoordis quhat-
sumever with the wai'randis and writts belonging thau'unto sail be delyvered
to the commoun clerkis of tliis brugh for the tyme. . . .
nth October 1649.
Coinpeu'd the craftis of the barronie of Portsburgh callit the West port HPe^on of
and Potterraw and confornie to ane ordour and precept of the counsell crafts.)
direct to them for tliat effect of the twelth of this instant and gave in the
supphcatioun underwTittin . . . Unto the lord Pro vest dean of gild thesaurer
counsell and deakens of craftis lordis superioiu-s of the barronie of Portsbm-gh
the humble supplicatiouns of us your LL. craftismen vassellis of the said
baronie presenteris heirof humblie sheweth that quhair we and our pre-
decessours befoir us hes had the frie exercise of our trades and callings
there under our superiours the lairds of Innerleith for the tyme conforme
to their warrands such as our superiours could give us for that effect these
thriescoir yeires or thairby \vithout interruptioun And sieing it hes pleasd
God that now we have fallen under your LL. siiperioritie and hes had
verie great kyndnes of the craftis of this brugh in tymes bygaine Thairfoir
our humble desyre to your LL. is to faU upoun the way how we may live
in freindshipp for the tyme to come with the craftis of this brugh as formerlie
we have done sieing we are now yoxir LL. vasseUs to quhom we submitt
our selffis in e verie thing desyieing to Hve in peace with all and your LL.
answer humbhe we beseik Quhilk supphcatioun being read in presence of
the counsell the haill craftis of this brugh unanimoushe adhered thairunto
in takin of thair full and frie voluntar submissioun to the counsell quhair-
upoun James Borthuik deaken of the chirurgians for himself and in name
and behalf of the craftis of this brugh and lykwayis George Suittie dean
of gild for himself and in name and behalf of the counsell askit act and
instrumentis.
24th October 1649.
Appoyntis Johne Scott to put up a cabinet in the end of the Exchequer [Room for Eari
hous for the Earle of Ai'gyles use upoun the Touns chairges. ...
2m October 1649.
Admitts M"" Johne Ritcliie to be ane of the doctours of the hie scoole [High school]
to serve thair in the rudement clas in plaice of M"" Robert Levingstoun lait
doctour thair. . . .
216
EXTRACTS FROM THE RECORDS
[Stipend.]
[Library.]
[Payment to
Boog.]
Postmeridiem . . . in Academia Jacobi Regis.
[Assessors to the Rector and College Council elected.]
Appoyntis M'' Johne Charteres stiepand heirefter to be four chalderis
of victuall and four hundreth punds yeirlie and that Johne Bynnie and
James Ruclieid and the thesaurer consider the valuatioun and consult David
Aikinheid concerning the qualitie of the victuall.
Appoyntis the thesaurer to put a laiche chimney in the new liberarie
with ane yrone grate befoir it to hold up the eoallis from falling upoun
the floor and to put knoks iipoun the twa dooris of the liberarie and to
lyne some j^resses with buckrome and such lyke and to make the liberarie
wattertight quhair is necessarie and to plaster the entrie and the names
and soumes of benefactours dotted to the CoUedge be put upoun some
pairt of the librarie.
Appoyntis George Jollie thesaurer of the Colledge to give to M'' Johne
Boog twa liundi-eth merkis money for tliis time . . . declairing they will
give liim no more but recommendis him to the Toun Counsell for a yeirlie
pensioun.^
[A committee is to approach the Committee of Estates as to payment of the
interest of the public debt due to the College.^
M"' Thomas Crawfurd is to be present at the visitation of the High School
in case of the principal's absence.]
[Proclamation,
Import oil
tobacco and
Society.)
[Proclamation
watch,
lanterns, etc.]
[Merchant
HaU.]
31s< October 1649.
. . . Ordaines proclamatioun to pas tlu'ow this brugh . . . for wairneing
of all parties and persones qulio lies a mynd to take the . . . impositioun
of foiu" schilHngs upoun the pound of tobacco or intendis to take the Societie
of this brugh to compeir within the ParUament hows . . . upoun Fryday
the nynt of this instant [sic] and bid for the same to the effect that whosoever
will bid maist may gett the same.
Ordaines proclamatioun . . . commanding the haill nighbours ... to
attend the constables . . . nightlie upoun watche of then- tour as it comes
about to them and as they are wairned thaii'to Item tliat ilk taverner and
inneis keiper put furth leight and lanternes befoir their doores fra foiu:
a cloack at night to ten a cloak at night Item that thair be no swyne keipit
within this brugh or liberties thairof Item that the haill middingis be
removed of the hie streittis and commoun venneUis . . . within twentie
four hours eftir publicatioun of the samen.
Continewes the Interchainge of papers betwix the merchands and craftis
' See p. 202 supra. ^ See p. 194 supra.
OF THE BURGH OF EDINBURGH 217
anent the merchand hall for the spaice of fyftein dayis qidiill the coramoun
pas by. . . .
Forsamekle as the veirlie fiall of the doctours of the erammer schooll [Doctors of
^ ^ (jrammar
of this brugh has bein hitherto but fyftie merkis be year and sieing the school.]
said fiall is not considerable in such hard tymes and to the effect the places
of doctours there may be the moir estemed of the counsell grauntis ane
hundreth merkis yeirlie in augmentatioun to the said fyftie merkis yeirlie
being ane hunch'eth punds be yeir to ilk doctour. . . .
'2nd November 1649.
[Price of tallow, 58' the stone ; price of candles, 3" 8^ the stone.]
bth November 1649.
[Certain of the Council] being conveind in counsell be my lord Provest [Legacies of
to consider of some pious dotatiouns quhich Sir Johne Buchanan of that Buciianani
ilk offered ^ with advyce of thair niinisteris viz M"" Robert Douglas M'' James
Hamiltoun M^ Mungo Law M^ Johne Smyth M"" Hew McRell M^ Robert
Lourie M'' George Hutchiesoun and M'' Robert Traill personallie present and
efter consultatioun with thair assessours resolved upoun the agriement
underwritten on the ane and uther pairt as foUowes That is to say the said
Sir Johne Buchanan out of his pious zeall for the propagatioun of the
gospell of Jesus Clu-yst is content that the soumes of money eftir specifeit
belonging to him be imiiloyed be the Provest baillies and counsell of
Edinburgh be advyce of the ministers for the tyme for the traineing uj) of
able sjjiritts eftir their laureatioun in the studies of divinitie at colledges
ather at home or abroad viz. the soume of nyne thowsand merkis of principall
quliilk is in the Tonus handis and the haill bygaine annuelrentis thairof since
the twelf of August i°i vi" fourtie sax yeire till the terme of Lambes nixtocum
jm vie fyftie yeires . . . extending in the haill ... to the soume of seven
thowsand fy ve hundreth thriescoir jjunds As also the soume of thrie thowsand
merkis awand be umquliill Dame Marie Stewart Countess of Marr and the
bygane annuelrentis thairof Togeather with the soume of tlirie thowsand
merkis desponed in the handis of umqidiill M^ WiUiam Blair minister at
Dumbartane and quhairwith the Provest baillies and counsell of Dumbartane
or thair sessioun for the tyme have sensyn medled . . . And the saids
Provest baiUies and counsell for thair pairt to be bund and obleist to doe
exact dihgence for recoverie of the saids twa principalis soumes and annuel-
rentis and the saids soumes . . . being recovered that the samen with the
said . . . nyne thowsand merkis and bygaine annuelrentis thairof sail
' See p. 97 supra.
218
EXTRACTS FROM THE RECORDS
remaine as a stocke in the handis of the guid Towne that the profitt thairof
may be iinployed for the use foirsaid and ... to apply the annuekent
thairof upoun tlie educatioun of able sjjiritts in the studies of divinitie in
maner abonespecifiet and [to] the effect the said dotatioun may not be
interverted it is jDrovydit . . . that at the admissioun of everie student
to the benefite of the said mortificatioun the student sail give band and
securitie that he sail imploy four yeires upoun his studies of divinitie for
enabUng him to the calling of the ministerie and sail imbrace the chairge
of the ministerie c^uhen and quhair God sail give iiini lawfidl caUing then
to refound to the said counsell of Edinburgh the haiU soumes of money
given to him that the samen may be given to some uther student in maner
foirsaid. [The Council also are given power to supervise the money given for
bursaries at S' Andrews.
The Laird of Buchanan, M' David Buchanan and any friends he may propose
are to be admitted burgesses and gUdbrethren gratis.]
[Excise on
wine.]
(Burgesses
at Provost's
desire.]
7th November 1649.
[The vintners of the Town are ordered to pay their arrears of the excise on
wine to the collectors by the following Monday and to make regular payment
in future, otherwise] their wynes sail be keipit at the port and reteind
ay and quliill they make payment of quhat they are resting. . . .
Taking to their consideratioun the many guid offices done be the lord
Provest to the guid Towne for which they must upoun any occasioun
give his lordsliip thankes and understanding that his lordship hes a desyre
to have persones admitted burgesses and gildbrether of this burgh [they
order that the following persons be admitted gratis : WUham Nisbet, James
Stoddert, James Broun, servants to the Earl of Haddhigton, David Mylles, Johne
Johnstoun, Alexander Douglas].
[Kirk of
Restalrlg]
IBread.]
9th November 1649.
Appoyntis the bailUe Johne Bynnie [and six others] to meitt and advyse
quhat course the Counsell saU take anent the erectioun of the kirk of
Restalrig.i
I6th November 1649.
Ordaines the pais and weight of the bread and pryce of the haill to be
as folio wes viz. the twelf penny loafe of the best quheat bread to wey eight
ounce four drop . . . the twelf penny loafe of the second sort called sour
bread to weigh eleven ounce . . . the twelf penny loafe of the thrid sort
called masloch to weigh ane pund eleven ounce eight drop. . . .
[Best ale, 20'' the pint ; single ale, 10" the pint.]
• See p. 198 supra.
OF THE BURGH OF EDINBURGH 219
Ordaines the Provest baillies dean of gild thesaurer witli James Borthuik iFoitmoation
and Gilbert Somervell to advance fyve thowsand merks for the present use
of the warkis of Leith.
Ordaines the thesaurer to big a kill in the Watter of Leith for the use [Kiin]
of the Touns mihres thau'. . . .
Ordaines the baillie Johne Bynnie Robert Murray and Michaell Gibsone (Excise on
with some of the nighbours to wait upoun the Netherbow this weik for
incomeing of the new wyne and to lay doun the wynes at the port quhill
the vintneris pay the bygaine excys of the samen dew to the guid Towne
and to clos the Kowgait port and dischau-ge the incomeing thairof at
any uther port of this brugh under the paine of confiscatioun. . . . [Other
members of Council are appointed for succeeding weeks.]
Postmeridiem, in Acadetnia Jacobi Regis.
[The legacy by James Barnes is to be sought from his executors.]
Appoyntis that the agent arreist in the Provestis handis the moneyis [Legacy.]
he owes to Williame Rigis sone in payment of Williame Rigs legacie.
[A Greek book is given to the library by an unnamed Greek stranger. The
College Council order the treasurer to give him 500 merks for his journey to foreign
kingdoms and commonwealths, of which 300 merks from the College funds and
200 from the Town.] i
Taking to their consideratioun the petitioun of M"" Alexander Dicksoun [stipend of
minister at Kirkurde doe unanimousUe think fitt that he have the whoU Kiriiurde]
teinds of the paroshe and that the CoUedge quytt any benetite they have
therein for the use of the minister at the said kirk and that M' Alexander
Dicksoun secuire the teinds to himself and his successors befoir the com-
missioun for planting of kii-ks the Toun and ColJedge being alwayis frie
of any burdein for rejjeratioun of the kirk or of any promeis or act of
counsell maid for that pm'pose . . . and that the burdein ly upoun the
heretours and uthers interesed in the paroshe.
[M"' John Charteres, mmister at Currie, has his stipend settled, being 5 boUs
15 pecks of wheat ; 24 boUs 1 peck of barley ; 27 bolls 8 pecks of meal and 6 boUs
8 pecks of oats, m augmentation of his former stipend, being four chalders of
victual with 400" money.]
'2lst November 1649.
Forsamekle as my lord Provest making report to the counsell of the [Agreement for
desyre of the Committee of Estaittes anent a bargane to be maid be the ammunition]
counsell with GeiUs Clawsoun skipper in Amsterdam for his arnies and
ammunitioun for the use of the pubhct The counsell is content to agrie
with the said Gillies Clawsoun for the arines underwrittin at the pryces
^ See Appendix v.
220
EXTRACTS FROM THE RECORDS
(Tolbooth.)
[Town mills.]
eftixspecifeit ... as folio wes viz. for ane thowsand and ane hundreth
musketts with bandilers and staffis at eight pund inde eight thowsand eight
hundreth pimd Item for four hunch-eth jjickes at foiu'tie .sex scliiUings eight
permeis the peice nyne hundreth threttie tlirie pound .six schillings eight
penneis [sic] Item twa hunch-eth pair of pistoUs with hulsters at twelf pound
twa thowsand fom* hundreth pound Item fyftein thowsand pound weight
of hnt at [ ] pound the hundreth weight is ane thousand fyftie pound
Item eight thowsand fyve hundreth pound weight of powder at foiu-tie
fyve pound the hunder weight tlu-ie thowsand eight hundreth twentie
fyve pound Or utherwayis to provyd to the pubUct within the spaice of
six weiks at farthest the same number and quantitie of amies upoun the
conditioun following That the Committee with consent of all parties clameing
interest give assignement to the good Toun for twentie fyve thowsand
pound out of the first and reddiest of the band grantit be KinnuU and his
cautioners for the fyne of ane hundreth thousand merks 2) That the guid
Towne gett also assignement for ten tho^\•sand merkis out of the first and
reddiest of the said band for payment to them of tliis yearis take dewtie
of the rent of the Bishoprik of Orkney dedicat to the payment of their
ministers stipends quhich Kinneull hes intrometted with and hindered their
taksmen to uphft the same And (S^'e) tliat the payment of the saids twa
soumes may be reall and effectuall the Committee to be obleist that they
sail nawayis obstruct the payment of the said soumes or any pairt thairof
but on the contrare to be assistant to the guid Tomi in all actioun and
executioun upoun the said band and to concurre by their authoritie to doe
everie thing for obteining payment of the said soiuues quliich they are
accustomed to doe for obteining payment of jDubhct debt 4) If eftir all
diligence the guid Towne doe not obtein payment that they have retentioun
of so much of then- maintenance as sail be resting to them of the saids
sowmes unpayit eftu' all dihgence done against the debtours.
Ordaines the guicbuan of the Tolbuith and his servandis to resave such
prisoneris from the bailhes of Portsbm-gh and their officeris as they sail
send in under their hand\vritt bearing the caus and obleisment for inter-
tainement and lykwayis to send them bak at their ordour as they sail
requyre payand the dewes of the hous if the pah'ties be able. . . .
Grauntis to the horsmen serving the milnes at the Watter of Leith
fjrftie poxuids be yeir for the Touns pairt for there serving there and their
housis as they had the last yeir. . . .
[The treasurer of the kirk rents and the treasurer of the kirk sessions are
to pay the ministers' house rents for the Martinmas term and m future, paying
each a half from the kirk rents and annuity respectively.]
OF THE BURGH OF EDINBURGH 221
2?>rd November 1649.
[Pa^yment is to be made to Robert Trotter of the money dne to him by his
contract with the Town.]
mth November 1649.
[The Cotmcil and extraordinary deacons being convened, in consideration of
the engagement of tlie Committee of Estates witli regard to payment of the arms,
the Council order a bond to be given to Matthias Lulles and William Davidson,
merchants in Amsterdam and Geills Clawsoun, skipper there, for the sum of
21,275" as follows: 791" 13^ 4^ at Candlemas next and 14,183" 6' 8" at Whitsunday
next following.!
Bond is to be given to four merchants who have advanced the money to
pay James TaUfeir, viz. 6874" 1^ for the copper and 1,125" 19^ for roofing the
Tron Church with it, being 8,000".
The Magistrates and Council, being threatened with horning for non-payment
of their monthly mamtenance, give bond for payment of 20,000" thereof at
Whitsunday.]
Appoynti.s James Clelland chirurgian ane of the Counsel] to goe to [Xew
DalserfF and Cathcart with ane of the elderis of the kirk sessiouns . . . ""'"'"^■'^ I
for M' Fraunces Aird ^ and M"" Johns Carstaires ^ twa of the ministeris
designed for this brugh be the Commissioun of the kirk. ...
ZOth November 1649.
[The Council and extraordinary deacons] Ordaines the dean of gild and (Dutch skipper
his counseU to admitt . . . Joas Blok captane of ane of the Hollands "'^'^''^'
.shipps to be burges. . . .
Forsamekle as the Committee of Estaittes . . . hes imposed upoun (Pay for
this brugh thrie hundreth eightie thrie pounds money as the Touns pro- i?eiami.]™™
portioun of a monethis pay for the officeris and souldiers come from Irland
. . . and hes assigned that proportioun among uthers to Captaine Henrie
Sibbald his company for their pay [the treasurer is to pay the same and]
the said captaine to obleis himself to pay the nighbom's anything awand
be the sodjeris of his companie.
5/7i December 1649.
[The Council and one of the extraordinary deacons appoint John Halyburtoun
slater to the Town's public works during their pleasure.
The Council having promised to give the freedom of the burgh to four slaters
* See Appendix vi.
- Member of the Commission of General Assembly in 1649. There is no mention of him
as being considered by that body as a possible minister for Edinburgh (Proceedings, ii.,
p. 299).
' Three weeks later the Commission refused his transportation from Cathcart (Ibid., p. 331).
222
EXTRACTS FROM THE RECORDS
[Cushion for
Lord
President.]
gratis, the dean of gild is ordered to admit Patrick Hepburne as one of the
four.] ^
Ordaines the thesaiu-er ... to take alsmuche purpell velvit as will
be ane great couscheoun and great cloth to the president of the lordis of
Sessioun and to fiirneis the same with a rich freinye of gold. . . .
1th December 1649.
[Gratuity to [The Council and extraordinary deacons] Understanding the giiid service
gate.] of M"" James Logane clerk of the Cannogait specialhe in giveing probable
overtures for improveing the rent of the Cannogait . . . doe heirby give
and allow to him for all the dayes of his lyftpne ane thowsand merkis
yeirUe out of the first and reddiest of any new augmentatioun of the Touns
rent in the Camiogait. . . . ^
(Debts due for
Engagement.]
[Chxuch at
£estalrig.]
[Churcii at
Tron.]
V2th December 1649.
Forsamekle as the counsell understanding that some of the creditoiirs
of the fourtie thowsand pound borrowed for the lait unlawful! engadgment
are sueting executioun upoun their bandis And haveing taken in considera-
tioun the act of the nyntein and twentie of October i"" vi^ fourtie eight
quhairby the actis concerning the borrowing of the saids moneyis are
disclaimd and repealled Thairfoir they doe unanimouslie adhere to the
saicUs actis and find themselffis obleidged thairby to defend themselffis
and the nighbours by aU legal wayis agains the payment of the saids soumes
or any pant thairof.^
Report being maid be the lord Provest that the coiaference with the
subcommittee of the Committee of Estaittes concerning the erecting of
a new kirk in Restakig wes not lyk to tak effect Thairfoir the counseU
with advyce of their assessours gave warrand to the Provest and baillies
in their name to protest and appeaU to the Parliament incaice the Committee
of Estaittes repeall there defences and give sentence agains them and the
toun of Leith upoun the reasoun conteind in their defens.
[The stipends and house rents of M' Hew McKell M' Robert Traill and
M'' George Hutchison are to be paid by the treasiu-er to the kirk sessions from
the annuity.]
I'dih December 1649.
Agries with Johne Scott master \\Tight to make all the scaffolding for
serving the theiking of the kirk at the Trone and to big ane loft betwix
the great door and the piUares quhairof the face and sydes sail be of wainscott
and lykwayis to big a porche under the same opening with twa dooris and
1 See p. 209 supra. ^ See p. 214 supra. ' See pp. 175, 177 supra.
OF THE BURGH OF EDINBURGH 223
tua side doores and to floor the stones of the steiple . . . and the haill
warke to be done betwix and the tent of Marche i"" vi^ fyftie and that for
the soume of eight hundreth merkis money . . . and heirby it is to be
rememberit that the flooring of the second lofting quhilk is akeddy floorit
and layed is without and besyde the bargane abonewrittin but that he is
to be payit thairfoir besyd the said agriement. . . .
21st December 1649.
Forsamekle as M"^ Robert Douglas and some uthers of the ministeris [Arrangements
^ for new
liaveing represented the resolutiouns of Thomas Moodie of Dah-y for building ehurch.i
new kirk witliin tliis cittie and hes destinatioun of the soume of twentie
thowsand merkis for that pious warke and for his encouragment to so
guid a wark desyreing earnestlie from the counsell these few partioullares
foUowing might be graunted and assured to him Thairfoir the Provest
baillies and counseU . . . doe declau- (1) That lie sail have power ... in
any quarrell witliin the liberties of the guid Towne to win all sortis of stones
for building of the said kirk (2) That the nighbours of this Toun sail be
assisting to him for redding the face of the said quarrell for the said warke
as he sail have neid and that the magistrattis sail concurre with their
authoritie for that effect (3) That he sail have a seatt in the isle in the said
kirk appropriat to him and his successours for evir as he saU think fitting
to frame the same to quhich they saU have ane entrie by a door in the isle
without the kirk and the kie tliairof to be keipit by such as he and liis
foirsaids saU apjjrove (4) That he sail have preference befoh all uthers of
the buying from strangers all maner of timber necessarie for that warke
(5) That the sonnies of money adebtit to the said Thomas be the guid Towne
saU be jjayit thankfulhe at Witsounday i"" vi^ fiftie ane witli the interest
thairof that the samen may be imployed upoun the said warke And further
the counsell being verie sensible of so pious ane intentioun for the guid of
tills brugh and the furtherance of the gospell thairin doe appoynt the baillies
Johne Byiinie and Robert Lockliart and James Rucheid to goe to the said
Thomas and present unto him the lieartie and thankfull acknowledgment
of this counsell for his bountie toward so guid a warke quhilk sail be recordit
to posteritie to his perpetuall commendatioun.
[M"" Robert Young, mmister at Dunibaniy, is granted an augmentation of
stipend of 200 merks yearly with 30 merks for the communion elements.]
mth December 1649.
. . . Appoyntis Johne Scott master wright to clos in the passages about [Passages
the great kirk with revelles at tlie head of the Lady steps kirk styU and Great Kirk.]
224 EXTRACTS FROM THE RECORDS
Tolbuith gaite and about the Kirk at the Trone and Parhament yaird and
uther places neidfull. . . .
[Petition to Appoyntis the baillies Johne Bynnie and Robert Lockhart and James
loanTor'"'^ ° Borthuik to goe in witli a petitioun frome tlie counsell to the commissioun
ngagemen .] ^^ ^j^^ General assemblie and crave their resolutioiin whither they sould
be frie of the payment of the fourtie thowsand pounds. . . . ^
[Neighbours of the Town residing m Leith are ordered to leave that place and
take up residence m the Town before P' February next under penalty of a fine
of 500 merks for the first lapse and 1,000 merks for the second.]
28th December 1649.
[M"' Thomas C4arvin is admitted as colleague to M' James Hamilton in the
south parish church.
The agreement between the treasurer of the College Kirk and John Scott,
master wright, is approved, whereby Scott is to jirovide seats, repair the ministers'
and elders' seats and those for clu-istenuig and marriage before 20"> April 1650,
providing all materials but ironwork for the sum of 1,200".]
31st December 1649.
[Act of Com- Forsamekle as be ordour of the counsell of the twentie sixt of tliis instant
™sembi? as to the bailHes John Bynnie and Robert Locldiart and James Bortlmik deaken
Engagement.] of the cliirurgians were appoyntit to goe in with a petitioun from the counsell
to the commissioun of the General assemblie and crave their resolutioun
quhither they sould be frie of the payment of the fourtie thowsand pound
Quhilk ordour wes obeyed and a pettitioun presented be them in name of
the coimsell to the Commissioun upoun the twentie seventh of tliis instant
and the resolutioun of the Commissioun delyvered bak to them thairupoun
of the said dait Quhilk jjetitioun and resolutioun of the Commissioun of the
Generall assemblie the counsell ordaines to be insert and registrat in the
counsell bulk ad futuram rei memoriam Quhatrof the tennour foUowes
To the right reverand the Commissioun of the Generall assembhe the desyi'e
of the lord Provest baiUies and counsell of Edinburgh humbUe sheweth
that quhairas there are some persones that seik payment of some pairt
of the fourtie thowsand pund borrowed be the Magistrattis and counsell
for the tyine for the lait unlawful! engadgment and are sueting executioun
of their bandis agains us who did pettitioun agains the borrowmg of that
money and quho since have disclaimd and repealled all actis maid to that
purpose and have vowed and promised befou' God to doe no thing that may
make us or this Toun accessorie thauninto It is thairfoir our humble desyre
to be resolved by your worsliips whither in conscience we sould pay any
1 See p. 222 supra.
OF THE BURGH OF EDINBURGH 225
pairt of the saids soumes or if rather we soukl not legallie defend our selffis
and this brugh from payment thau'of And that yow may be pleasd to
assisst us befoir the lordis of Sessioun and any uther judge competent for
our hberatioun. Followes the answer to the said petitioun Edinburgh
tweiitie seven Decembris i™ vi^ fourtie nyne ^ Concerning the caice proposed
unto the Commissioun of the Generall assembUe by tlie Provest baillies and
counsel! of Edinburgh quhither the saids Provest baiUies and counsell sould
in conscience pay anie pairt of the foiu'tie tliousand pund borrowed be the
magistrattis and counsell of EcUnburgh for the tyme for the lait unlawful!
engadgment It is the judgment of the Commissioun that the Provest
baillies and coiuisell of Edinburgh quho propones this case sould not in
conscience pay any pairt of the foirsaid soume nor interpose thaii- authoritie
for jjaying of the same but in regaird of the sinfuhies and unlawfuUnes of
the said Engadgment and im'egaird of than 23etitiouns against the borrowing
of that money and inrespect of than disclaimeing and repealhng all actis
maid to that purpose and of thair vowes and promises befoir God to doe
nothing that may make them or the Toun of Edinburgh accessorie thatrto
they are bound in conscience not to be accessorie to the payment thairof
unles they would involve themselffis in the guilt of accessioun unto and
complyance with the lait unlawful! Engadgment and make open professioun
befoir the world tliat they have not bein real! in tliair petitiouns and tliat
they have but mocked God in their former vowes and promises Quhich
yet is not to be understood as if we thairby meant to obstruct any just
and legall persute that the creditours may have agains any particuUar
persones qulao were instrumental! and active in borrowing the same. Sic
subscribitur A. Ker.^
2nd January 1650.
[A committee is appointed] to meitt and conferr witli tlae ministeris [Restairig.]
to be appoynted be tlie presbytrie anent the provisioun to the ministerie
of Leith and anent the erectioini of a kirk in Restairig. . . . ^
1 Froceedinys of tlic Commission oj the General Asseinbly, ii., p. 336.
'- But- see pp. :298-302 infra, showing that the debt contracted by the Magistrates and
Council was found to remain an obligation to be met.
2 See pp. 198, 218, 222 supra as to Restairig. The question as to Leith was tiie settlement
of the sources for the ministers' stipends. See South Leitli Records (Fust Series), pp. 86, 89-91.
An act of Parliament of 27th June 1649 {A.P.S. vi. (2), p. 441), upon a petition from the
Presbytery of Edinburgh that Leith had 3,000 conununicants and only two ministers, of
whom one had no settled maintenance, empowered the Provost and bailies of Edinburgh
or the bailies of Leith to take up a list of house rents and report to the Committee of Estates.
The Act recommended to that Committee to grant an annuity of not more than 6 per cent,
of every 100 merks of rent for the stipends.
226
EXTRACTS FROM THE RECORDS
[Sir Thomas
Hope's legacy.
7th January 1650.
[The College Council meeting in the College.]
Under.standing that my lord Craighall offeris for payment of his fatheris
legacie to give besyd that thowsand pund another thowsand pund he
getting payment of twa hundreth pund sterhng with the annueh-entis
thairof from the publict doe thairfoir desyre that he may be agried within
thii- termes that for fyftie pound sterhng to quyt the pubhct band of twa
hundreth pund sterhng and that im-espect the generall commissar promeises
to give ane thowsand pund to tlie C'olledge and the uther thowsand pund
to give assignement to alsmuch publict moneyis for payment thairof.^
[Ministers
called.]
[Fortifications
of Leith.l
[Burgess.]
9th January 1650.
[The Council and extraordinary deacons] Appoyntis James CleUand . . .
to goe to the west with Hew Boyd sent from the sessioun for M'' Johne
Miu-e minister at Newmilnes and M"" Thomas Wyhe minister at Machan
and sicklyk appoyntis Robert Murray to goe with M^ Johne Pringle from
the sessioun for M'' Johne Sterling minister at Baro and to sie the sumonds
execute agains them and the parochiners. . . .
Appoyntis Robert Lockhart baiUie to goe to Cohngtomi for M'' Thomas
Garvin minister and desyred be the Commissioun of the Generall Assembhe
for the use of the guid Towne. . . . ^
Appoyntis the committee of the fortificatiouns of Leith . . ..to agrie
with Johne Milne maister masson anent the bigging of the stane warke
thair be the rude or uther wayis. . . .
Ordaines the dean of gild and his counseU to admitt and resave Johne
Inneis servitoiu: to umquhiU Captaine Lues Dick sone to mnquiiill [sic]
Sir WiUiame Dick of Braid knycht to be burges for payment of the ordinar
dewes thanof and the dean of gild to repay the same and disjDens with his
armes silver and uther dewes . . . and this inregaird of the great respectis
the Counsell caries to the requeist of the said Sir Williame. . . .
[Begging.]
llth January 1650.
[The Council and extraordinary deacons] Statuttis and ordaines that
nane be fund begging fra door to door nor upoun the streitts under the
paine of being laid in the Correctiomi hows but such poor as are paroshineris
to have supijlie of the kirk sessioun And siclyk dischairges the nighbours
' See p. 189 supra.
' The Committee of the General Assembly refused Uie tran.sportatioii of Mr Wyllie from
Mauchline, but consented to tliat of Mr John Stirling (vol. ii., p. 257), botli on 14th February
1650. Mr Tliomas Garven became a minister of the Town.
OF THE BURGH OF EDINBURGH 227
of this brugh to give any almcs 1o huoIi coininonn beggars aitlier at their
dooris or upoun the streitts under tlie paines conteind in the actis of
Parliament maid thereanent. [Heritors and landlords are forbidden to set
houses to or receive in their houses any beggars not on the Session's roUs of the
poor of the parishes.]
Forsamekle as the counsell taking to their consideratioun the great (statute,
iniquitie of regraitteris especeallie of iiieillmakeris resorting to the meill- meai.j
markit of this brugh deartliing the victuall tliere by liowsing great store
thairof witliin tlie custome hows of the meillmarkit and uther places and
liousis thairaboiit keiping up the same a long tynie togeather and so pinching
and trailing the niercattis that notliing comes in but such a quantitie as
they pleis qidiarrby the poor of the Cittie are heavilie prejudged be thair
meall at ane extraordinarie pryce and the guid Towne disapoyntit of thair
customes [therefore it is statute that no meal be kept in the customhouse
longer than from one market day to another and that no one sell victual before
it is presented to the market and has paid customs under the pam of
confiscation].
Taking to theii' consideratioun the ruinous estaite and conditioun of [Repair of
severall tenementis of land in the foirgait of this brugh quhilk have not
bein inhabite of many ye ires bygane standing in the publict view of all
people resorting to this brugh to the opprobrie thairof and conimoun scandle
of the Kingdome and lykwayis considering the tlii-ettie fyve act of the
tlirid Parliament of our uraquliill soverane lord King Charles . . . anent
the reparatioun of ruinous housis witliin brugh ^ ordaineing the provest
and baillies of the brugh quhair such ruinous housis are to caus wau'ne
and chairge all persones that hes or pretends right to the propertie of such,
landis or biggings or any annuelrents furth thairof to cause big and repair
in ane decent way such housis and biggings as hes bein seven yeires waist
and not inhabite or els to sell the same to be biggit witliin the said spaice
of yeir and day with certificatioun to them and they faillie that the Provest
and bailUes caus the saids landis to be valued and sett the saraen to any
that will buy them paying the pryce thairof to the owneris or els to cast doun
the same and biggit [sic] for their awin use . . . [therefore the gUd officer is
to warn any who have such rumous property on the High street to ajDpear before
the CouncU on the following Wednesday.
The stipend of M"' David BassUlie, mmister at Corstorphine having been
increased in terms of the recent act of ParUament, the Town's proportion of the
increase is arranged.^]
1 This act of 27th July 1644 {A.P.S. vi. (2), p. 227) was appUcable to all royal burghs
having ruinous houses. A similar act was made in the 3rd session of the first Parliament
of Charles II. The act could be applied to all houses, waste and uninhabited for tlu-ee years,
in future.
^ See pp. 12, 52, supra.
228
EXTRACTS FROM THE RECORDS
[Rents of
College
Chambers.]
[Professor of
divlmty.]
[Scholars and
burials.]
lUh January 1650.
[Afternoon, meeting of the College Council.
M"' Robert Douglas, minister, is elected rector for the year to come.]
It is appoyntit that the maiUes of the chahneris of the Colledge sail be
sett to the schooleris yeu'lie at the rates following viz. lUi high new chaliner
for twentie merkis iUv laich new chaliner ten pounds ilk aidd high chahner
for ten punds and iHv old laiche chahner ten merkis. . . .
The Rector and his counseU and masters of the Colledge electis
unanimouslie Mr David Dicksoun professour of divinitie in Glasgow to
be professor of cUvinitie in this Colledge. ^
Taking to their consideratioun the frequent invitatiouns of the scooleris
of the Colledge to commoun buriells quhairby they are much hindered of
their studies . . . ordaines that no invltatioun be respected nor the
schooleris be permitted to goe to any burriell without consent of the Toun
Counsell ... or Counsel! of the Colledge. ^
[Sale of vnne in
Portsburgh.]
[Fortification
of Leith.]
[Rail at Lady
Steps etc.]
16th January 1650.
[A committee is appointed] for regillatting the venting of wyne and
topping of aiU within the barronie of Portsbm-gh and to condiscend upoun
the numberis of vintneris and topsteris there and to impose a yeirlie dewtie
payable be them to the guid Towne for their liber tie.
[An agreement is made with John Milne, master mason for the fortification
of Leith in building the wall on the sea front. The Covmcil is to have all
building material carried to the spot] and that they sail begin the fimdatioun
of the said wall from the place cjuliair it left of and sail build the same to
the bulwarke westward and from the said biilwarke alongst the bak thairof
southward to the stane bulwarke quhilk is at Ramsayis fort and sail close
thair the new warke with the said staine bulwarke and that the faice of the
said stane waU sail aU be brotched stone according to the same forme and
maner as is alreadie done lykwayis the said wall sail be continwed of the
same thicknes and beatreaches upoun the bak of the said wall all alongs
to the said bulwarke of the equaU hight the outmost pairt of the said
warke is aUreadie buildit and saU make the haill wall levell thairwith . . .
for the soume of nyne thowsand merkis. . . .
Report being maid this day be the baillie Jolme Bymiie . . . anent
thair agriement with Johne Scott master wTight for bigging of a raill at
the lieid of the Lady steps conforme to the di'aught thairof and for closing
' Sanctioned by the Commission of the General Assembly on 16th February (Proceedings,
ii., p. 360).
^ Thus reviving their act, passed on 3rd July 1635 (Extracts, 1626-41, p. 164).
OF THE BURGH OF EDINBURGH 229
of the style and passadge betwix the Tolbuith and bitterage of tlie Kirk
all of aiken timber for the soume of thrie hundreth merkis money for
furnishing of timber and warkmanship . . . the counsell approves
thairof. . . .
I8th January 1650.
[The Provost and a committee arel to visite Colonell Rae and to make [Payment of
him ane offer of four tliowsand pund money and to releiv hnn oi Alexander arrears.]
Pennycuik chirm-gian liis persuit agains the said ColoneU for another
thowsand pounds and that for liis guid service in England as colonell to
the guid Toune and in satisfactioun of his areu-es . . . with certificatioun
if he refuis that the counsell wiU pas fra it as if they had nevir maid ane
offer to him. . . .
[By act of the Committee of Estates there is imposed on the Town as its
proportion of the pay of six Irish companies for one month 766". The baiUies
are to pay this out of the first and readiest of the extent.]
23rd January 1650.
[A committee is appointed] to meitt with the subcommittee of Estaites [Eari of
and consider upoun the laird of Glenurquhy and Auchinbreks desyres Estate.]
anent the assignement grauntit to the guid Towne upoun the Earle of
Kinnules fyne. . . . ^
[M'' Thomas Garven, new minister in the burgh is admitted burgess and
gildbrother gratis.
A committee is appointed] to meitt with the nighbom's and advys (Gmerai
quhat argmnentis may be devysed agains the generaU searcherie and to
look out the actis of burrowis and their paperis to that effect. ^
Appoyntis the Provest baillies witii some of the deakens to be at the [West kia.]
West Kirk the morne anent the electioun of a minister in place of M"" Williame
Arthour. . . .
25th January 1650.
[A committee is appointed to meet] the kirk sessiouns ... at convenient [stranger poor]
dyotts weiklie for taking course with strangeris poor and removeing them
furth of this brugh to tlie nighbour paroshes that they may be transportit
from paroshe to paroshe quhill they be sent home to their awin jjaroshe
where they were borne.
• See A.P.S. vi. (2), p. 531, where, in 1649, an act in favour of the Lairds of Glenui-quhy
and Auchinbrek for lO.OUOIi from the fines of the Earls of Kinnoull and Seaforth. See p. 220
supra.
' See pp. 18, 139 supra. The Records of the Convention cannot have proved of much
assistance. While the " King's searcher " is mentioned, no exception seems to have been
taken to such an official and there is no reference to the general searchery.
p2
230
EXTRACTS FROM THE RECORDS
[Ministers of
Leitli.]
(Town Wall.]
30th January 1650.
[Authority is to be given to the factors of the Earl of Wemyss to pay to
M"' Harry Wilkie, mmister at Wemyss the augmentation granted to him from
the dues owed yearly by the Earl to the Towii. The augmentation is 300 marks
of stipend and 50 merks more for communion elements.
The sum of 4,088" is to be paid to Lieut. General David Leslie from the
maintenance.]
1st February 1650.
[Permission is given to Sir James Murray of Skirling K' and Robert Murray,
merchant, to build a tomb for their late father, Robert [sic] Murray, merchant,
beside the tomb of the late William Mauld.] ^
[A committee is appointed] to meitt in the eftirnoone with the nighbours
of Leith witliin the laiche couiisell hows anent the provisioun for stiepend
to the ministeris of Leith. . . .'^
Appoyntis the dean of gild thesam-er and Johne Milne master massoun
to visite the Touns wall in Leith wjaad quhilk is fallen doun and to report. . . .
6th February 1650.
(Excise.) The counsell taking to consideratioun the offerris of the coinmissioneris
of excys doe accept of ane thowsand pounds per mensem offerred for the
pettie excys graiintit to the good Toun for their chairges upoun the
fortificatiouns of Leith for bygaines and in tyme comeing provyding the
Toun Counsell get sufficient securitie for payment of the said soume for
bygaines and in tyme comeing ay and quhill they be satisfied of their
debm-sementis upoun the said fortificatioiuis. . . .
[Ministers and
professors.]
[Proclamation,
bread.]
8th February 1650.
[A committee is appointed] to deall with the commissioun of the kirk
for ministeris to this brugh^ and professours to the Colledge and anent the
provisioun for the ministerie of Leith. . . .
[Proclamation is to be made commanding landward bakers to sell no
bread but 12'' loaves of 10 ounces weight and 6'^ loaves of 5 ounces] Item
becaus the mainshotts of flowr fadges fowatts fardells reid baps counter-
fitt bunis yellow coattis and sicklyk bread keips na pais nor weight quhaLrby
the hedges are deceivit [the sale of such is forbidden
A similar proclamation is to be made for Town bakers.
1 See IVtaitland's History of Edinburgh , p. 190. Thie name was James, on the authority
of the Burgess Roll.
^ See p. 22.1 supra and note.
^ The Commission of the General Assembly on 18th February refused the transportation of
Mr John Nevoy {Proceedings, ii., p. 361).
OF THE BURGH OF EDINBURGH 231
Colonel Rae is granted 5,000 merks from tlie maintenance money in full of
all he may claim from the Town.] ^
Uth February 1650.
[Peter Braikman, skipper of Peter Gerkome'a ship belonging to Campvere,
is made burgess.
Alexander WUkieson, son of Alexander WUkiesone, baUie, burgess of Lauder,
who was apprenticed to Archibald Ker, merchant burgess of Edinburgh in 1643
is admitted burgess and gildbrother although his indentures had not been booked.
A committee is appointed] to consider quhat is fitting to the counsell [Canongate.i
to graunt to and to requyre fra the Cannogait in the presente differences
and to report theii" opiniouns. . . .^
[Alexander Pennycuik, surgeon, is to be admitted gildbrother gratis.] *
20th February 1650.
[A committee is appointed] to raeitt with the ministeris and assessours [Mortifications
'- L L -i belonging to
anent the mortificatiouns dotted to the Colledse and Toun of Edinburgh college and
1 f 1 1 1 1 Town.]
for ministers stiepends quhilk is likelie to be takin out of tlieii- handis be
the Commissioun of the Kirk for the use of the ministeris of the jiaroshes
quhair the teyndis ly to the hurt and prejudice of the guid Towne and the
ministers of the brugh quho sould be susteind thairby and to advys with
them quhat sail be the guid Touns behaviour thairin. ... *
27th February 1650.
[The Provost and James Borthuik are elected commissioners to the ensuing
ParUament and particular Convention of Burghs, with James Rucheid and Gilbert
Sommervell as their assessors and proxies in case of absence.^
The Council approve the report of the committee appointed to settle the [Rules for
Trinity Hospital and its rules, as follows] Imprimis that the masteris of the Trlnfty^™'^''
hospitall goe on as they were apjjoynted formerlie in prepaireing the °'*'"
kitcheing calseing the selleris or pavementing thairof with ane syre goeing
tlirow the middle of the samen and prepaireing of ciiimneyis and tables
Item to try for some sufficient pairtie ather man or woman for taking in
^ See p. 33 supra for date of his appointment and p. 229 supra.
' The " differences " related to the existence of the Canongate Council, to which, as an
independent body, the Town Council took exception.
' See p. 229 supra.
* The Commission of the General Assembly on 23rd May 1650 petitioned Parliament, among
other things, that '' the power of the Commission for plantation of kirks may be renewed . . .
and with expresse power also to provyde these Ministers of these parodies whereof the tythes
belong to Universities, hospitalls and uther pious mortificatiouns, without prejudice or
diminutioun of the rents and benefits belonging to these Universities, hospitalls and pious
mortificatiouns . . ." It apparently was this power which the Town Council dreaded.
' No particular convention is recorded till May 1650 {Records of the Convention of Royal
Burghs, ii., p. 355).
232
EXTRACTS FROM THE RECORDS
[Coal in
Broughton.]
boord these quho are put in to the hows at the rait of ane hundreth and
thriescoir punds be yeir and the washing of thair cloathes to be includit
tliairin and that they may have thrie maills in the day And that the coall
and candle be furnished to the undertaker be the thesaurer of the hospitall
out of the rent thairof Item that all those who comes in to remain in the
hospitall bring with them theii- beddmg and full plenishing and uther meins
if they have any and to leiv the samen to the use of the hospitall Item
that the rent of the hospital sail cleid them at everie necessar occasioun
provyding they have na uther way for procureing the samen Item that
ane expectant be agried with for useing of morneing and evening exercise
to them Item that nane be admitted to the hous but burges men or binges
wyfs single persones and burges batrnes of guid report at the sight of the
counsell and be thair electioun Item that twys everie weik and oftner
(if neid be) the masteris of the hospitall repan there and sie that the wholl
persones gett sufficient interteinment Item that ane of their number per
vices be appoynted for keiping of the keyis for closing of the dooris at evening
and opening it at morning and for the delyverie of the kejds at night to
those who saU have chairge of the hows Item that nane gett any meins out
of the hospitall rent but onhe such persones quho sail remain within the
hospitall.
Ordaines the thesaiirer of Heriottes hospitall to imploy men and wark-
loomes for setting doun ane eye in Broghtoun for seiking a coall tliere. . . .
[More congre-
gations.]
lEeUs.]
1st March 1650.
[A committee is appointed] to meitt with the ministeris on Monday
nixt at twa eftirnoone anent the motioun of the ministers for divyding
the Toun in mae congregatiouns and appoynting places for them to preache
in and about ane new assemblie hows. . . .
Appoyntis the dean of gild to cause make new stocks to the beUs of the
steiple that neids the same and to provyde great aiken timber tries and
jeists to be put up there in place of these that are faultie. . . .
(Women
taverners.]
[Pension.^
&th March 1650.
Taking to consideratioun the manifold evills that falls out within this
brugh be woemen taverneris and the fearfull sinns committed be them and
the many actis and statuttis of this brugh maid agains them of old and
the actis of the kirk of lait [they order all vintners to remove their women
taverners before Whitsunday and to procure boys for their work].
Grauntis to M^ Johne Boog burges and gildbrother of this brugh dureing
his lyftyme ane hundreth merkis money yeirhe inrespect of his necessitie
OF THE BURGH OF EDINBURGH 233
he being a scliooler and a student of the mathematiques and a burges and
a burges bairne of honest degrie. . . . ^
mh March 1650.
Appoyntis Johne Lawder to goe with these of the Sessioun to Craill for [Commissioners
^^ to miTiistiPrs 1
M'' James Sharp minister and Robert Murray to Baro for M^' Johne
Sterhng. . . . ^
nth March 1650.
Appoyntis the baillie Robert Lockhart and tlieir Clerk to meitt with the [Womc-n
... . » , taVITllCTS.]
raimstens concermng the changing of the women taverneris. . . .
Appoyntis ... a committee of the counsel! for considering the over- (Profossor or
tures proponed be my lord Register for estabUshing professors of the lawis
within the CoUedge. . . .
Report being maid be the bailhe Johne Bynnie anent the offerris maid [^ft'"'";,'''.
^ ° *' Trinity Hos-
be him be order of the counsell to Bessie Hutchiesoun relict of umquhill k'^'H i
Jolme Daviesoune tailyeour for furnishing of the hospitall at the fute of
Leith wynd upoun the termes following viz. that the said Bessie sail get
foiirtie pundis money for ilk persone in the quarter for their meat drink and
clothis washing Item that tlieii- sail be twelff persones in the said hospitall
to begin withall Item that thair sail be coall and candle laid in to furnishe
her and them honesthe to try it so for the first yeir Item that the bed and
bed clothis sail be brocht in be the persons presented thairto for fiu-nishing
of themselffis thairwith Item that thair sail be allowed to her ane hundreth
merkis yeirUe for intertening and balding of thrie servandis viz. a cook
and twa servand woemen ane for washing of clothis and the uther for
making of beds Item that she sail have the yaird for furnishing of herbes
to the kitching and that the cuik and gairdner be one man Item that the
utensiles belonging to a kitchen sail be furnished as pottis panns speitts
raxes plaittis trenchers and uther necessars upoun inventar and that she
sail liev the same in als good conditioun as they are furnished at the sight
of the Masteris And tliis conditioini to continue dureing the counsells
pleasoure and her good cariage in the chairge and that the counsell wiU be
laith to change her so long as she is able to serve and so soone as she sail
become infii-me and not able to cUschairge the dewtie that she sail be ane
of the number herselff The counsell approves of the foirsaid rejiort and
appoyntis the baillie Johne Bynnie to settle fulhe with the said Bessie
Hutcliiesoun ujDoun the conditiouns abonewrittin and dischairges Johne
' See p. 216 supra. He is entered in the Burgess Roll as a student and only son of the
late John Boog, merchant.
^ The presentation of Mr John Sterling is not recorded in the proceedings of the Com-
mission of Assembly. Sharp was to be Archbishop of St Andrews after the Restoration.
234
EXTRACTS FROM THE RECORDS
(Professor of
divinity.]
Hendersoun to have any mair weiklie allowance furth of the said hospitaU
and the counsel! thinks fitt that thair be ane expectant to say preyeris
and catechise the persones thah' qulio sail have his interteinment in bed
and boord in the hous and fyftie pundis money quarterhe.
Appoyntis Johne Denhame to goe to Glasgow for M"" David Dick quho
is chosen professor of divinitie in tlie Colledge. . . . ^
[Robert Lockhart is sent with the ministers and elders from the Session and
presbytery to the Provincial assembly of Fife to insist m their calling of M'' James
Sharp, minister at S' Andrews [sic].-
M'' John Sterling, minister, is to be received burges and gildbrother gratis.]
[Crafts of
Canongate.]
Zrd April 1650.
[A committee with the Provost as supernumerary is appointed] to resave
any prejudices the crafts can show agains the ratificatioun of the seaUis
of caus to the craftis of the Canogait and every deaken is to give in the
prejudices their particular craft suffer thairby and the committee sail report
thes prejudices to the counsell with their opiniouns of the remedies thairof
betwix and the twentie fourt of this instant moneth of Apryll And the
counsell appoyntis the baiUie Johne Denliame to gett againe the haill sealls
of caussis fra the craftis of the Canogaitt and to caus compeir them with
the copies the clerk hes befoir this committee upon Fryday nixt.
pM'' David Dick is to be received burgess and gildbrother gratis.]
[Beadle in
Lady Tester's
Church.]
[Maintenance.]
5th April 1650.
Resaves Johne Craig lait servitor to the right honorable imiquhill
Dame Margaret Ker Lady Yester to have the keiping of the keyis and serve
as beddell in the said noble Lady Yester her kirk newhe built within this
brugh ^ dureing his lyftyme upoun [ ] of his dewtifull behaviour good
cariage and service in the said place and this inrespect of his long service
with the said noble Lady and this Lady desyre of the bailhe Robert Fleyming
thairanent quho wes intrustit with the caire of the building of the said kirk
for the tyme. . . .
[A committee is appointed] to calculat the maintenance fra October
jm vie fortie and aught to Aprill i"" vi<= fyftie and to tak ane accompt of
the Collectoris quhat they have collected and payit to the Commissarie
thairof. . . .
1 The Commission of the General Assembly refer to him as Mr David Dickson {Proceedings,
ii., p. 409). See p. 228 supra.
2 The Commission of the General Assembly had refused the transportation of Sharpe on
16th November 1649 {Ibid., ii. p. 310). See p" 233 -iupra.
' See pp. 42, 99 supra. Lady Yester died 15th March 1647.
OF THE BURGH OF EDINBURGH 235
[M'' Thomas Crawfurd, M^ James Wysman, M"' Duncan Forrester, M' Andrew
Suittie and M"' James Pilleins, regents in the College are to be received burgesses
and gildbrethren gratis.
By the request of the Earl of Lothian Richard Smyth, tailor, is to be admitted
burgess gratis.]
lOth April 1650.
[A committee is appomted] to speak with the ministeris concerning
M^ Johne Sterling his comeing to the Trone kirk. . . .
[A muster day is appointed to be held on the last Wednesday in June.
A committee is appointed] to goe doun to Broglitoun and visite the '^j.™' '|',\o„ ,
bounds thair and such liklie places quhair the coalls may be found and
to report. . . .
Forsaniekle as be act of the Committee of Estats of the twelf of Marche [fii«h .
Compames.]
last the counsell ar clesyi'ed to advance tlxrie moneths pay to the Irishe
companies appoynted to march northward fra the fyften of the said moneth
of March to the fyften of Junii nixt to cum . . . being tlirie hunder fourscoir
aught pund per moneth thairfoii- . . . ordaines the baillie Robert Lockhart
upon sight hierof to advance the foirsaid thrie monethis pay to the officeris
of the said compames or any haveing their order. . . .
12th April 1650.
Aijpovntis David Wilkie merchand to meitt with the heretors of the [Ministers of
Wpsfe Kirlf 1
paroshe of S' C'uthbertis on Tuesdey nixt and to treat and voice thair in
name of the good Toun with such as the paroshe sail ajipoynt in the bussines
anent the modificatioun of another ministers stipend there. . . .
Appoyntis M'' David Dick jirofessoiir of divinitie ... to preache [Preaching in
ordinarlie each Sabbath in the east kirk being the north paroshe kirk of
this brugh with M"" Robert Douglas and that M"" Johne Sterling be ordinar
preacher in the south east paroshe kirk . . . with M'' Robert Lawrie. . . .
nth April 1650.
[As the Town owes to the College the sum of 24,630", 16,000 merks and 1,000"
sterling, the interest whereof for the terms of Martinmas 1647 and Whitsunday
164S at 6J per cent, amounts to 2,948" 9" 8", the treasurer is ordered to pay the
foresaid interest to the CoUege treasurer.]
Considering that the ministeris stipendis camiot be gotten peyit out [Ministers-
of the meanes appoyntit and designed for that effect in respect the rents of
Orkney ar not now peyit be reasone of the rebellis posessing that countrey ^
' The Earl of KinnouU had occupied Orkney so early as September 1649. Montrose had,
at the end of March 1650, received the royal authorisation for his new attempt and had
spent the early days of April organising his forces. By the date of the above entry he had
already crossed to the mainland.
236
EXTRACTS FROM THE RECORDS
and becaus a great part of the teynds mortified for that use are burdened
with new augmentatioun to the ministeris serving the cuire at the kirks of
the paroshes quhair the teynds ar ^ besyde many uther burdens and
obstructiouns of peyment of the provisiounes destinat to the ministeris
of this Cittie Thairfoir in this diificultie and exigent that the ministers be
not longer postponed the coimsell appoyntis fyve thowsand merkis to be
presenthe payit out of the maintenance and uther fyve thowsand merkis
to be payit out of the impositiou:is upon the wynes . . . and for repayment
of the saids twa soumes appoynts the same to be addit to the nixt stent
that the nighbours may be stentit for the same with the maintenance.
I9th April 1650.
[The Council and extraordinary deacons, after enacting that none may make
malt, sell wine, ale and beer or keep inns in Portsburgh without permission, have
elected certain persons to be maltmen and brewers upon definite conditions such
as obtained m other parts of the Town's superiority.
The Town owes to John Denhame, Commissary depute for maintenance from
October to December 1649 and for January, February and March 1650 the sum
of 37,5121' 198 9d. As he is desirous that the same should be paid to his creditors,
the Council gives bond to these respectively for payment.]
[Cart gait.]
[Drill master.]
[Colours for
Portsburgh.]
24th April 1650.
Ordaines the thesaurer ... to advaunce to Issobell Stalker fourtie
merks money for the use of the lang rig of the Dean to be a cairt gaitt. . . .
Electis Captane Robert Hendersone to be dreilmaster to the companies
of this brugh . . . and allowis to him ane hundreth merkis money monethlie
fra the dait heirof dureing liis service. . . .
[Proclamation is to be made forbidding the neighbours to receive strangers
imtil they inform the magistrates.]
Appoyntis the thesaurer to provyd twa pah- of the Towns culloris and
drums for the twa companies of the barronie of Portsburgh.
26th April 1650.
[John Inneis, servant of the late Captain Louis Dick, son of Sir WilUam Dick
of ]3raid, is to be made biu-gess and gUdbrother gratis, because of the great
respect the Coimcil has for Sir WiUiam's request.] ^
1 This was by virtue of the Act of ParUament of 14th March 1649 (A.P.S. vi. (2), p. 287)
ordering that parishes were to pay out of the teinds at least 8 chalders of victual, or 3 clialders
of victual and the equivalent of the remaining 5 chalders in monej', not above lOOIi nor below
100 merks for each chalder. The acts of the Town Council for augmentation of the stipends
of ministers in outlying parishes show that they had given effect to the act already. It is
obvious that these increases must have diminished the amounts at their disposal for the
stipends of Town ministers.
2 See p. 226 supra.
OF THE BURGH OF EDINBURGH 237
Is/. May 1G50.
[Proclamation is made that all inhabitants keep the watch themselves or send
a man, able in body and sufficiently armed, to take their place.]
Forsamekle as the Counsell taking to their consideratioun the filthienes ^^■^l^^^'^^ °f
of the hie streitts and closses . . . the lyk quhairof is not to be sein in
any civill cittie [the mhabitants are forbidden to throw out any filth on streets
or closes under pain of breakmg open their doors, poinding of goods, imprisonment
of their persons or such pmiishment as the magistrates please.
WilUam Crumbie is to be received burgess gratis.]
3rd May 1650.
Appoyntis the Clerk to wrytt a missive to Alexander Moore to Ireland J.^^°JJj\^^7^„^
to come iiome and attend his chairge and office hier as ane of the Collectoris Ireland.]
of the impost with certificatioun if he come not the place will be disposed
npon.i
[A committee is] to speak with Johne Milne for taking doun the Castle [Ff^ifament
gaite and setting up the same in the Parliament clos.^ •^■'"se.i
[The accounts of the collector of kirk rents in 1647 show a charge of 9,245"
and a discharge of 9,247" 10^ His accounts of the bishopric of Edinburgh show
a charge of 6,657" and a discharge of 4,946" 7« 6'i. The balance is to be given
to the last kirk treasurer.
The accounts of the collector of kirk rents in 1648 show a charge of
16,104" 08 3" and a discharge of 15,978" P 4'i. The balance is to be paid to
the present kirk treasurer.
James Scott is received conjunct clerk depute with Robert Adamsone for the
barony of Portsburgh.]
8t.h May 1650.
Forsamikle as be severall actis of Counsell and statuts of this briigh the [Coi'««on^of
haill heretoris \vithin the samen are dischairged to sett housis to beggeris iitritors i
or strangeris leist tliey be burdensome to the good Toun and sieing among
uther evills following thairnpoun the proportioun of the annuitie is ill payit
Thairfoir . . . ordaines the proportioun of the annuitie imposed upon such
housis to be exactit from the heretoris quho setts the housis to them and
that the heretoris seik thair repayment from the possessoris. . . . ^
10/^, May 1650.
[The accounts of Trmity Hospital for the first year of Alexander Bynnie
and Patrick Grahame's office as masters show a charge of 10,272" 14^ 7'* and a
' There is no evidence as to what impost is meant. But as the imposition on wine was
farmed out, it probably was the merk per tun.
^ See pp. 206, 207 supra.
^ See Index for previous acts as to house-letting.
238
EXTRACTS FROM THE RECORDS
[Recommenda-
tion to owners
of ship.]
[Muskets for
Portsburgh.]
discharge of 6,844" 9^ fl''. Tlio accounts for the second year show a charge of
7,521ii 17« 7" and a discharge of 10,245" 5^ l".
The accounts of the merk per tun show a charge of 4,075" 6^ 8'^ and a discharge
of 3,676" is.]
Grants letters of recommendatioun under the seall of caiis and subscrip-
tioun of their commoun Clerk to M^" Andro FairfoAvll Johne Denhame
Robert Beattie elder James M^Kean Heanrie Ranken Robert Beattie
younger James Campble George Campble Johne Meikle and James Espleane
for themselffis and iii name and behalf of the remanent owneris and partineris
of the good ship callit the James of Lieth quhairof Captane Robert Hall
wes leat master testifieing that the said sliipp being imployed be the Estates
of the Kingdome under the conduct of the said Captane Robert Hall for
the publict service thairof quho betrayed his trust and being at Embden
in North Holland wes seased upoun and taken from the said Robert Hall
and that na partiner portioun thairof did appertein or belong to the said
Captane Hall And that the said shipp being in the tomi of Harling in
Holland that the saids owneris hes imployed Alexander Downy skipper
in Lieth theii- factor in their name with full power and commissioun to goe
to the said Toun of Harling or ony uther part quliair the said shipp is or sail
happen to be for the tyine to sute and demand the said shipp with her anentis
appertinances and gains or quhat els belongs to her or to doe all uther
diligence requisite for recover thairof upon their chairges and expensis. . . .
Appoyntis the dean of gild to lend foiu'tie six musketts to James Ahsone
barroun baiUie of Portsbrugh for the use of such as wants armes. . . .
[Proposals as
to fortification
of Leitli.]
10th June 1650.
[The Council with certain of the old magistrates and neighbours] taking to
their consideratioun the intentioun of the Estates of Parhament anent the
putting of sodgeris to worke at the fortificatiouns of Lieth quliiUc wes
representit to the counsel! the uther day be the Marquess of Argyll Lord
Hoptoun and Sir Johne Cheishe direct from the committee appoyntit be
the Parhament for that effect . . . thinks it fitt to move some desyres
thahanent to the Parliament and gives ordour to their commissioners to
present the same as followis That thej^ be such souldieris under command
as will be reddie to worke Item that such as sail be commandit be the
Parhament to worke at the fortificatiouns of Lieth have their pay furth of
the maintenance of the brugh and shjTe of Edinburgh Item that the
souldieris be lodged and quartered within a myle of Lieth at the Touns
appoyntment as may maist accommodat the warke Item that the sodgeris
continue onlie quliill [ ] Item that the Estats allow them [ ] per diem
moir then ordinarie becaus they ar to worke to be payit as their ordinar
OF THE BURGH OF EDINBURGH 239
pay Item that, aiie liuncli'eth liors be commaiidit ilk day furth of the shyre
fra the adjacent paroshes witliin eight or nyne myles circuit for lieding
of faUe to the warke Item tliat the sodgeris pay for their meat and drink
ilk weike or buy the same theniselffs sieing they ar to resave money for
that effect and that poor people hew nothing but quhat they pay for wieklie
or dayhe Item that the present Parliament ratifie the tlu'ettin act of the
thrid sessioun of the second trieiniiall ParUament declairing that quliensoever
any garrisouns fall to be interteind upon the publict chairges of the kingdome
the Provest baiUies and counseU of Edinburgh to name and place Governoris
for the said Toun fortificatioun and garrisouns thairof and they to have als
great power and priviledge as any uther Governoris of forts or garrisouns
within the kingdome. ^
12th June 1650.
[The bond for 20,000" to Sir Alexander Belsches of Tofts is paid with 600"
of interest, whereby a part of the Town's debt for maintenance is cleared off.]
Uth June 1650.
[Robert Murray, servant of the Marquess of Argyle, is to be received burgess
gratis by request of his master.
A committee is appoLntedl to meitt and try quhat actis of burrowis [Committee
i r J ./ -1 anent gratis
and counseU ar maid for debarring of gratis burgesis and to report with burgesses.]
dihgence that ane act of counseU may be maid to that effect for tyme to
come.^
Idth June 1650.
[The Council and extraordinary deacons] Grantis to M^ Johne Stii'ling [House for
n • • n/^<.i Tii-i-i-nyr-r^-i minister.]
ane of our mimsters a j^art ot Currie hous to dwell in beside M"" David
Dicksone professor dureing the counsells pleasoure and want of another
professor in the CoUedge and appoynts the thesaurer to defeas the niaiU
of his stipend jiroportionallie.^
Taking to then- consideratioun the manifold actis of counsell and kirk [Ports to i>o
^ , closed on
sessiouns and proclamatiouns for kieping of the Sabbeth day and restraine- Sundays]
' See Kxlractn, iGsC-^t, pp. .30, 37, antl Appendix viii, showing that the question of the
governor of the f'ortifietl town liad already arisen anil liad proved a difficulty. And see note
to p. 209 tiitpra.
^ The Burghs forbade gratis burgesssliips in 1.570, save tliose belonging as perquisites
to the provost and others. The Coimcil, on 20th January 1569-70, statute that the childi-en
of gratis burgesses should not have the right of burgess bairns. On 1 9th January 1592-3
it was statute that any consenting to the making of free burgesses might be called upon to
pay lor the same. In l(i20 that last statute was re-enacted. Apparently the practice, while
condemned in theory, was found useful in practice. Curiously enough, in the jears
immediately following this entry the practice reaches its greatest extent.
" yec pp. Ill, 113, 145 supra.
of Leith
240 EXTRACTS FROM THE RECORDS
ing of peoi^le fra abuseing thairof Nevertheles quliaii'of tliair hes bein
little obedience given thairto Thau'foir to the effect people may be restrained
fra vaiging abroad upon the Sabbath . . . ordaines the jjorts to be closed
ilk Setterday at night at ten a cloak and stand closed quhill Monday at
4 a cloak morning and that nane ... be fund vaiging in the streitts or
repaireing to the Castlehill . . . under the paine of imprisonment and
farder punishment ... at the will of the magistrat Exceptand alwayis
the Societie Netherbow Lieth wynd port ane hour in the morning and
another at night for wattering of liorsis.
[James Rucheid and Gilbert Sommervell are elected commissioners to the
General Convention of Burglis at Cupar on 2"'' July. Assessors are also appointed. ^
Laurence Hendersone and George Cleghorne are elected commissioners to the
General Assembly.]
Mth June 1650.
[Fortiflcations This day the lord Marqueis of Argyll [ ] George Porterfeild haveing
represented the necessitie of the comphetting of the fortificatiouns of Lieth
and inrespect of the speciall interes this brugh hes in that place shewing
the desyre of the Parhament that this brugh would be at the chairge of
comphetting the said fortificatiouns For reiaayment qidiairof the Parliament
would give them their owen excise not alreddie disponed upoun and caus
ane thowsand twa bunder sodgeris worke than- at twa shilling -per diem
The coimsell out of their desyi'e of comphetting the saids fortificatiouns of
Lieth quhairin the wholl Kingdome is so much concerned ar content to
accept of the superplus of their owne excis not disponed upoun with the
excys of Mid Lowthian and East Lowthian as it is presenthe sett for
peyment of twa shiUing per diem to ane thowsand twa hunder sodgeris for
their working at the saids fortificatiouns and of all uther deboursements
they sail be at upon thes works The excys afoirsaid being assigned to them
ay and quhill they be repayed of the said debursements and their comptis
of their debirrsements quhich they have alreddie given owt upoun the
saids works being first allowed And the act of Parhament concerning the
power of placeing the Governour being also ratified. ^
1 See Records Convention Royal Burghs, iii., pp. 3.57-8. The convention met, but because
of the approach of ttie English army by sea and land, adjourned their meeting to 1st October
at the same place. It did not meet then, nor again till 1652.
^ The Estates on 21st June .sent the Marquis of Argyll, the Laird of Eicht and the Provost
of Ayr " to represent to them the necessitie of the fortifying of Leith and that they would
be pleased to tak some cours to go quick about it " (A.P.S. vi. (2), p. 537). The question
of payment was not mentioned in the act of Parhament. There appears to be no record of
the act quoted, as to the power of placing the governor, but see preceding page and note 1.
OF THE BURGH OF EDINBURGH 241
26</i Jime 1650.
Ordaines proclamatioun . . . commanding the haill inhabitants within iDcmoiisiiing
tlie same to send their servands to tlie Castle for dimohshing of the spurre
and to worke thairat as they sail be commandit ilk quarter of the brugh
day about be tour. . . .
[A committee is appointed] to meitt anent tlie pryce to be given to [Spur.inci
Johne Milne master massone for taking doun of the Castle gate and putting
it up in the Parhament closse and for imploying of warkemen for takeing
doun tlie massone warke of the spurre tlie pryce being referrit be tlie said
Johne Mihie to the Counsell. . . .
Forsamikill as the Parliament lies appoynted a levie and ordered the [Officers for
severall burghes and slijTes to give in a hst of then- officers to be chosen
be the Parliament ^ the Counsell hes thoght fitt to nominat the list following
to be presented to the Parhament viz. list to be Colonell Robert Fowlis
Robert Lockhart Johne Denhame Colonel James Rae Colonel Hoome
and Colonel Andro Milne List to be Lieut. Col. Lieut. Col. James Wallace
Lieut. Col. Affleck Lieut. Col. Johne Lawder List to be Major Major James
Cockburne Major Weir Cajitan Fairbourne Captane Hendersone Major
Logane and reserves the list of the captanes to be nominat be the Provest
and baillies And the Provest to present the same to the Parliament or their
committee to that effect.
15/ July 16.50.
Ordaines Johne Hamiltoun ana of the officers of this brugh to pas to (convention at
Leith with a lettre from the Counsell direct to the commissioners of this poued.j
brugh for the borrowis and to desyre them to returne from their intendit
journey inrespect the Parhament is to prorogat that melting of the burrowes
to August or September nixt And to follow them to Cowper if he misse
them there to the effect fousaid."
The six sessiouns compeirand consentit to tlie electioun of Laurence loencrai
Hendersone and George Cleghorne to be commissioneris to the Generall
Assembhe.^
1 See A.P.S. vi. (2), pp. 588-90, 25th June. The hst was to be given in to the committee
appointed for pm'ging the army, a proviso judged necessary to ensure that no mahgnant or
person disaffected to the present policy sliould be admitted. Charles II had landed at the
mouth of the Spey on 23rd June, having signed the National Cov^enant and the Solemn League
and Covenant. The levy was presumably in preparation for an English invasion, though
this did not begin till 1 6th July.
^ See p. 240 supra and note.
' See pp. 157, 158 supra. It would appear that the Town Council had yielded to the
desire of the sessions.
242
EXTRACTS FROM THE RECORDS
[Inmates of
Hospital.]
[High School.]
Zrd July 1650.
[The masters of the Hospital appeared before the Council with the men and
women chosen to be occupants] quhom the CounseU acceptis and resaves
to be interteined in the said Hospital! as honest decayed persones
burges men and biirges wyfis diireing their lyftymes they behaveing them-
selffis as good Christians. [The masters are to pay to Bessie Daviesoim 200"
for their support for the month of July and so on monthly thereafter.] ^
Electis M'' Hew Wallace scholmaster of the brugh of Hadingtoun to be
schoolmaster of the grammer schooll of this brugh in place of iimquhile
M"" WUliame Spens. . . . ^
[The inhabitants of the Town parishes are to send their servants to work on
the fortifications of Leith, two parishes at a time daily in turn.
The maintenance imposed on the Town from January 1650 to January 1651
amounts to the sum of 77,760" and the maintenance of the Irish companies to
4,800" ; the money for the muiisters' stipends, since the rents of Orkiiey were
not collected and the amiuity was unpaid by many poor persons, amounts to
6,666" 13" 41, making a total of 89,226" 1^ 4'i'with a year's uiterest, 5,353" 2" 2<i,
with 5,419" 15" 6'' for defects in collecting, amoimts in all to 100,000".
Edinburgh's share is 72,163" 18^ 3" for their 575 men ; South Leith for their
80 men 13,913" ; Canongate for their 53 men, 9,217" 8" 9" ; North Leith for their
23 men, 4,000" ; Pleasance for their four men, 995". The stentmasters are to
impose the tax for the said amounts.]
[King's house-
hold.]
f>th July 1650.
[A committee is appointed] to advys upon the best wey for peyment of
the Touns proportioun of the fourscoir thowsand merkis for the chairges
of the Kings hous as also to advyse quhat is incumbent to be done at this
tyme be the good Toun for welcomeing of the Kings majestie and upoun
the best wey of defraj'ing the expensis theirof . . . and to con vein the
Coimsell extrordinarUe for that effect.^
[In\itation to
the King.]
Wi July 1650.
AppojTitis the Provest and sex uthers of the counsell to be sent to the
King to congratidat his Majesties arryvell and invite him to this brugh
quherof foiu- merchands and twa craftes and thes persones to be chosen to
1 See pp. 231, 233 supra.
' He was appointed in 1641, having been previously schoolmaster at Prestonpans {Extracts,
1626-41, p. 245).
^ Charles II did not come for another month, his presence with the army not being
desired. An act of Parliament of 5th July was for proclaiming the agreement reached with
the King at the market cross. Another act of the same date voted 108,000U for reUef of the
money uplifted by the commissioners for the King's use. This tax was to be levied from the
shires and burghs in the same proportion as the maintenance (A.P.S. vi. (2), p. 604).
OF THE BURGH OF EDINBURGH 243
morrow And sieing the Counsell finds it a necessitie that some considerable
soume of money be advanced for defrayeing the expensis of tlie Kings
comeing to this Toun . . . doe appoynt that the Counsell convein to
morrow morneing tynious and that ilk baillie wairne the nighbouris in
then- owin quarteris to be present at the Counsell to advys with them
upoun the best wey for raiseing theii'of.
10th July 1650.
[The Council, extraordinary deacons and fifty-eight neighbours mentioned Porrowmg for
by name with others unnamed] taking to their serious consideratioun that tion and other
affairs 1
now the Kings majestie being come to this Kingdome by the good providence
of God thi-ow many deficulties and dangeris and haveing given all satisfac-
tioun to the desyres of this Kirk and Kingdome for the good of rehgioun and
the peace and securitie of his kingdome that Thau-foir thair lyeth u]3oun
this Cittie a dewtie to congratulate his Majesties safe arryveall to this his
auncient Kingdome and to invite his Majestie to this Cittie and to welcome
and resave his Majestie quhen he sail be pleased to come to the same with
all the honorable solemnities can be thoglit upon that no dewtie honour
nor testimonie of respect loyaltie or affectioun may be wanting to his
Majestie quhich wes done to any of his predicessours And the wholl nighboris
conceiving themselfiis bund in dewtie to contribute to the uttermost of
their estates quhat sail be necessarie or fitting to testifie their loyaltie or
affectioun and cordiall respects to his Majestie and that in such maner as
sail bee most for the crecUte and honour of tliis his Majesties auncient and
metropoUtane Cittie did most unanimouslie and cheirfullie referr to the
Counsell to determine in then- wisdome the maner of his Majesties invitatioun
receptioun and welcome with all solemnities and honorarie acknawledgments
necessarie and the soumes of money to be bestowed expendit and disbursit
theirupoun . . . consenting to the borrowing of such soumes of money as
the Counsell sail find necessarie for the purposes afoirsaid Quhairupoun
the Counsell eftir mature deUberatioun finding it necessarie for the honour
of this brugh that a certane soume of money be borrowed for the honorable
ends afoirsaid and resolving to kiep within the chairges expendit in former
tymes upoun the lyk occasioun inrespect of the present bm-dens lying
upoim this brugh and upoun the wholl kingdome doe conclude and determine
that the wholl expensis towards the Kings honorable invitatioun receptioun
and welcome sail not exceid fyftie thowsand merkis and siklyk the nighboris
befoir named understanding the necessitie of hastening the perfjrting of the
fortificatiouns of Lieth for the weilfair of this brugh and this part of the
kingdome inrespect of the approach of the Sectarian armie to this kingdome
244
EXTRACTS FROM THE RECORDS
[Deputation to
Falkland.)
doe consent to the borrowing of fiften hundi'eth pund sterling for compleitt-
ing of the saids fortificatiouns And finaUie the nighboris being informed
that tlie reparatioun of the Castle and uther necessaries for the pubhct
service thair will be a necessitie of present advance of a considerable part
of the Touns proportioun of the fourscoir thowsand merkis imposed upoun
the burrowis in hev of then jiroportioun of the levie of horse extending the
said proportioun to the soume of twentie eight thousand aught liundreth
merkis quhich is to be payed be the irighbouris in the maner accustomed
in former levies Thairfoir they also consent to the borrowing of such partis
of the said twentie eight thowsand aught liundreth merkis as the Committee
of Estates urge to be payed and advanced presentlie im-espect they fear
the said soume will not be gotten in tymeouslie from the nighboris All
quhich being seriously considered be the counsel! thairfoir with consent
as is afoirsaid they doe appoynt the thesaurer to borrow money for the
severall ends and uses befoirmentionat. . . .
[The Provost and six members of Council are elected] to goe in com-
missioun to his Majestie at Falkland and to congratulat his Majesties comeing
and to invite him to tliis brugh. . . . ^
[Approach of
Sectarian
army.]
Uth July 1650.
Taking to their consideratioun the great danger imminent to this burgh
and this part of the kingdome threw the approache of the Sectarian Armie
out of England and how necessarie it is that the works and fortificatiouns
of Lieth be sufficientlie repahed with all possible dihgence for the saftie
thairof Thairfoir ordaines proclamatioun to pas tluew this biu'gh tomorrow
morning be fyve a cloak chairging all the inhabitants within the samen
men and woemen that are able to worke to repair to the toun of Leith
viz. the north syde of this burgh from the West port to the Netherbow
tomorrow and the south syde of the said brugh on Tuesday fra fyve a cloak
in the morning to sex a cloake at night and that ilk persone men and
woemen carie alongs with them mattoks speids shoveUs barrelhs and some
such lyk instrument maist convenient for eache of them to worke with at
the saids warks under such paines and penalties to be imjDosed upoun them
and punishment of their persones at the will of the magistratt and that
the Magistratts and counseUeris presentUe in office or quha has bein in
office be there to oversie and continue the said warks.^
1 Charles II had arrived at Falkland from St Andrews on 5th July (Balfour, iii. p. 77).
- See A.P.S. vi. (2), p. 604, 4th July 1650. Cromwell's army was not yet at the Border.
See note to p. 248 infra. With regard to the actual fortifications. Colonel Overton, of the
English army, who entered Leith on 7th September, wrote that they found " in it mounted
upon platfonnes 37 guns. . . . The place has a regular draught or lyne about it, but farre
OF THE BURGH OF EDINBURGH 245
Wth July 1650.
[The Council with some of the professors] agries that the lauriatioun [Lauriation of
of the scholleris magistrandis of the CoUedge be lanriat privatUe at the
order and discretioun of the i)rofessors masteris and regentis quhen and
quhair they pUes im'espect of the present troubles.
[The Council] taking to thair consideratioun the great danger imminent [Levy of
to this Kingdome and Cittie threw the approache of Cromwell and that persons.]
Sectarian partie marchand towards the borderis and the commandis laid
upoun this brugh be the Committee of ParKament thair severaU acts and
statuts ordaineing all fensible persones within this brugh and liberties
thau'of to be uj)on their guaii'd upon the fii'st wairneing with suificient
armes pick musket sword powder matche and ball to attend such orders
as sail be injoyned sieing Rehgioun Kii-k King Kingdome Covenant lyfis
libertis and fortunes ar lying at tlie stake Thau'foir ordaines proclamatioun
to pas threw this burgh Canogait Lieth Portsbrugh and haiU liberties of
the samen that all the fensible persones within the saids bounds respective
be in armes tomorrow morning being Tuesdey the sextein of this instant
to attend their severall captans and commanderis at the first towk of the
drum to meitt at the generaU randevous in the Grayfreir yaird at aught
a cloak in the morning with sufficient armes pick swordes muskets powder
ball and matche and such lyk instrumentis of warre offensive and defensive
as the necessitie of the caus and warke of God doeth requyi'e at their hands
illi persone under paine of death Sicklyk that no nighbors masteris prentesis
servand or jotu-neymen remove or transport themselffis furth of this brugh
and if any be furth that they repair hither to this brugh within twentie
four hours eftu* pubhcatioun hereof under the paine of the los of their
hbertie for them and their posteritie and farder punishment of their persones
and estates at the will of the magistrats and counsell.
[The Council having previously with consent of the neighbours agreed to
the borrowmg of 28,800 merks and havmg borrowed 4,000 merks from Margaret
Johnstoun, widow of George Baillie of Jerviswood, they order 2,000 merks to
be given to the Constable of the Castle i and the other 2,000 merks to John Scott
master wright m part payment of 9,000 merks for the use of the Castle. Bond
is to be given to Margaret Johnstoun.]
Appoyntis the Clerk to have a cair of the Registeris in the Touns chalmer [Town
that the samen be put in the Chartour hows with the Touns writtis with '"""^ "■
all cairfulnes.
from finishing, not indeed is it fesible with earth, the foundation beuig so sandy." Monck
complained in August 1655 that "the place was ill fortified, and indeed, the works being
earth, it falls down daily " {Scotlatid and the Protectorate, pp. 293, 303).
'■ The Constable was Renton of Lamington. The Castle garrison was commanded by
Colonel Walter Dmidas and Major Abernethy.
Q 2
246
EXTRACTS FROM THE RECORDS
[rro\i9ions.] Forsaiiiekle as be act of the Committee of Estats of the threttein of this
instant the Magistratts of this brugh are commandit to cans search the
vintneris selleres burges housis and brewliousis and try qiiliat aile and beir
can be fvmd there that eightie tunn thairof may be carried and transported
to the Castle of Edinburgh for the necessarie subsistance of the garrisoun
for the space of four moneths declaii'eing that quliatever quantitie of aile
or beir sail be taken from any persone for the use afoh-said that they upoun
accompt are to be repayed be the pubhck and to be allowed owt of any
money payable to the Toun And lykwayis to searche for salt beiff salt
butter cheeis salt herring salt salmond or uther provisioun of that kynd
viz. fom'tie barrell of herring four hunder stane of cheis ane liunder and
sextie dusone of hard fishes ane hundreth and sextie stane of salt butter
twentie four barrell of salt beiff fyve hiuider daills ane hunrh-eth weight of
yroun four stane of steill and twelff barrell of salmond Quhicli being caried
into the Castle and delyvered to the Governor ^ for the use of the pubhct
are to be repayed be them to the owneris and what sail not be to the owneris
sail be allowed to the good Toun of Edinbiu-gh . . . Thairfoir the counsell
appoyntis David WiLkie and Johne Denhame to mak searche what can
be gottin of the foirsaids particulars ather in Leith or Edinburgh and to
report the same with chhgence as also that they have a cair to send twa
sliipps loadened with meill to lay above Garvie.
Appoyntis the thesaurer John Liddell to borrow ane thowsand merkis
and to pay the same to the toun of Queensferrie for the warks of Garvie
conforme to the ordor of the Committee of Estates. . . .
Forsameikle as be act of the Committee of Estats of the thretten of
this instant the magistratts of this brugh ar ordained furthwith upoun
sight thairof to pay and advance to Johne Kniblo Commissarie for the
Artih'ie the soume of thrie tliowsand sex hundreth pund scotts for buying
of leid for the use of the pubhck declaireing . . . that the forsaid thrie
thowsand sex hundreth pund sail be allowed to the Toun of Edinburgh in
the first end of their projiortioun of the hunder and eight thowsand punds
Scotts imposed uj)on the Kingdome and apjjoyntit to be payit betwix and
the first of August nixt [the treasurer is ordered to pay the money and to get it
back from the collectors of the stent when it is unposed].
[Extent.] Forsamekle as thair is imposed iijDon the burrowes by the lait Parhament
fourscoir thowsand of merks for their proportioun of the levie of hors which
is applyed to the Kings use and some uther uses . . . the proportioun
quhairof payable by this brugh is twentie aught thowsand aught hundreth
merkis and in respect this soume most be presently borrowed upon interest
[Fortiflcation
of luchgarvie.
Leid, Castle.
' The Governor was the Earl of Leven.
was the person meant.
It is probable that the Constable of the Castle
OF THE BURGH OF EDINBURGH 247
tliair must be added for the interest and siijiplie of defects in collecting
eleven thowsand twa hundreth merks which males in all the sowme of
fourtie thowsand merks for payment quhairof the soume must be imposed
upon the nighbors of this brugh and upon Sowth and North Lieth Canogait
and Pleasance penchcles of this brugli according to their several! proportiouns
as eftirspecifeit of fyve hunder thrie scoir fyften men according to former
acts of Counsell and bygane use and custome And the said sownie of fourtie
thowsand merks being so divyded in fyve hunder thriescoir fyften parts
would extend to foiu-tie sex piind aught shilling for ilk man swa that the
Touns proportioun of the forsaid soume according to the number of four
hunder fyften men extends to nyntein thowsand twa hunder fyftie sex
pund South Lieth for their proportioun according to their number of four-
scoir men extends to thrie thowsand seven luinder twelff pund Canogait
for their proportioun of the said sowme according to their number of fyftie
twa men extends to twa thowsand four hunder twelff pund sexten shilling
North Lieth proportioun of the said soume according to their niuuber of
twentie four men of ordinarie outreik at the rate afoirsaid extends to ane
thowsand ane hunder thretten pund twelff shilhng and Pleasance proportioun
thau'of according to their number of outreik of four men at the rate afou'said
extends to ane liunder fourscou* fyve j^und twelff shilling And sicklyk
forsamekle as the Touns proportioune of fiite imposed upon this brugh
and hberties to be levied furth thairof for the present service extendis to
the number of fom* hunder men quhilk being imposed according to the
foirsaid division of men maks Edinbrughs number to be twa hunder four-
scoir nyne men South Lieth fyftie sex men Canogait threttie sex men North
Leitli seventen men and Pleasance twa men. [Therefore the Council order
the same to be imposed upon the Town and hberties.]
nth Jidy 1650.
[The accounts of the treasurer to the kirk sessions show a charge of 47,911" 3^
and a discharge of 43,668" 7" 2i.
The nightly watch is to be kept by the Town's companies in turn.]
\?,th July 1G50.
[The Council, extraordinary deacons, captains and some neighbours being [Request from
convened] Compeird the Marqueis of Argyll and Sir Archibald Johnstoun Estates for °
Lord Wariestoun sent from the Committee of Parliament with twa of tlie '"'""^''■
commissioners of the General Assembhe M^ Robert Blair and M"^ James
Nasmyth i and representit to the Counsell the present necessitous conditioun
' Mr James Nasmyth, minister at Hamilton, was one of the Commission of Assembly.
On 5th August he was appointed chaplain to the King's Lifeguard.
248 EXTRACTS FROM THE RECORDS
of the Annie for want of nioneyis to intertein intelligence dispatche the
cannoim thither and suchlyk iirgent effaires quhilk could not be convenientlie
done without reddie money and desyred of the CounseU quhat moneys they
might expect from the good Toun to supplie the present necessitie and
advance the warke of such ane exigence of tyme quhen the enemie is lyand
upoun the borderis and our Armie advanceing thither ^ Quhilk the counseU
took to their serious consideratioun and continued to give any present
answer till they consulted with the nighbors thairanent and dismissd the
forsaids commissioners without answer till tomorrow Lykas the counseU
with consent of the nighbors conveened of their chese finding a necessitie
to borrow moneyis thairfoir . . . demandit of the Captanes present in
Counsel! quhat they would offer to len upoun the Touns band for the Touns
use both for suppUeing the expensis of his Majesties welcome to this brugh
quhilk is to be shorthe and for these ather ends and uses mentioned in the
act of the tent of July and also for the use of the Armie in this thair exigence
. . . quho maid heartie offer in maner and measure under^viittin viz.
Captane Andro Bryssoun offer to len to the Counsel! upoun their band for
the uses afoirsaid a thowsand merks Captane Anch'o Ramsay a thowsand
merks Captane Archibald Ker a thowsand merks Captane James Ker
fyve hunder merks Captane Achiesoun fyve liunder merks Captane WiUiam
Patersoun and Captane James Mastertoun and Captane George Gairchier
and Captane Alexander SandUandis a thowsand merks. . . .
I9th July 1650 [forenoon and afternoon).^
[Loan by Compeu'd the nighbors of tliis brugh underwrittin and [maid] offer to
neighbours.] ly^ n i-iini n i im •!•
len to the Counsel! upon their band lor tiie uses oi tlie good ioim in thir
present necessitous effau-es for tlie ends and causes mentioned in tlie act
of the tent and aughten of Juhi instant the souiues of money underwTittin.
[Fifty-eight persons lent sums between 1,000" and 500 merks ; six persons
refused to lend.]
[Proclamation, Ordaiiies proclaiuatioun ... to command all the inhabitantis ... to
levy for horse.)
pay tlieir proportioun of liors and put out tlieir men presentlie this eftirnoone
with certificatioun they will be quartered upoun and the double exacted
but favor and farder punisliment as disaffected persons both to Kirk and
state and injoyned to goe out themselffis.
(Proclamation, Ordaiucs proclamatiouii . . . commanding all the inhabitantis within
Castle Spur.] ^ p i • i i • t i y-, i i -n
the north west quarter of tins brugli to repair presenthe to the Castleliill
with spaid mattoks shovels skuUis and such lyk to dimoHshe tlie spm're of
' See pp. 244, 245 supra.
^ Cromwell was near Berwick on tliat day with an army of 11,000 foot and 6,000 horse
and Fleetwood, Lambert and Monck as commanders under him. He was preparing to move
north by the coast road.
OF THE BURGH OF EDINBURGH 249
the Castle qiiliilk so iieirlie concenies this briigh and the nortli eist quarter
to repau- thairto and worke thairat the morne the south eist quarter on
Moonday and the south west on Tuesday and so furth day about quhill
the samen be dimolished. . . .
20th July 1650.
Forsamekle as be act of the aughten of this instant the Committee of [Loan to
Estates desyred to understand quhat money the Toune might advance ^'''^'''''* '
for the present use of the Armie quhillc wes waved for that present quhiU
the nighbors wer tryed quhat they would offer to len And sieing the nighbors
lies maid offer to len some considerable soums . . . ordaines sex thowsand
merks to be lent to the Estates . . . wherof a bunder and twentie pund
sterling is to be given to James Borthuik for outreiking chirurgians to the
Armie. . . .
Ordaines the thesaiu-er ... to pay to Johne Milne master maissone [Fortjflcations
the soume of ane thowsand merks money for his warke in the fortificatioun castie]
of Lieth till accomiat and fyve huncketh merks for his warke at the spurre
by order of the Committee. . . .
Ordaines the thesaurer ... to pay to Captane Robert Hendersone [Drilling of
twa hundreth merks money in gratuitie for his great paines in his chairge
of exerciseing the companies and driUing of them the tyme bygane besyd
his pay. . . .
Ordaines the thesaurer ... to pay to Johne Scott master wright ane [Castie.i
thowsand merks money . . . towardis the Castle warke. . . .
22nd July 1650.
Ordaines proclamatioun to psm threw this brugh commanding the liaill Adarma.
inhabitantis . . . to be in amies the morrow to attend ordors and continue
in amies dureing thir troubles and close up their bootli dooris upon their
owen hazard and under aU highest paine.
Ordaines James Alisoun and Johne Hilstoun uj^on sight liierof to goe [Timber for
speidilie about the provyding of trees of twelff elnes and nyne elnes and
especealUe twelff elnes and daills atlier in Lieth or Fisherraw or elsquhair
they can be had and that for skaffolding the wallis of this Toun and to
iraploy horses presently to send them up. . . .
Ordaines the bailhes of Portsburgh to put all their nighbors to warke [Entrench-
at the lyne besyd the windmilne and to goe cairfuUie about the casting windmiii.i
thairof as they sail be commandit thairto under all hiest paine.
250
EXTRACTS FROM THE RECORDS
[Town wall.]
[Anuy.]
[Town waU.]
[West Port.]
[Spades and
shovels.]
24:fh July 1650.
Ordaines John Milne master maissoun to set men at work presentlie
to tak doun a thak hous outwith the Westport nixt and contigue to the
Toun wall confornie to ane ordor of the Committee of Estates of the dait
hierof. . . . And ordaines proclamatioun to pas be towk of drum command-
ing the nighbors betwixt the Grayfrier gate and the west port on tiie south
and Salmonds nowk and the west port on the south [sic] to send furtli
their servands presentlie to dimohshe the said hows and carie in the stanes
inwith the port under all liiest paine.
Ordained proclamatioun to pas threw this burgh commanding the haill
nighbors witliin the samen to repair* to the Grajrfreir yard to morrow
morning and delyver their men to the Captanes and officers appoyntit to
resave the same with eight dayes provisioun under all hiest paine.
[The accounts of the dean of gikl for 1649 show a charge of 5,189" 14" 2''
and a discharge of 8,895" 16" 6<^. His account of the arms silver shows a charge
of 8,480" 1" 6" and a discharge of 5,098" 1".]
[The accounts of the shore dues. Kings Work and ballast boats in 1649 show
a charge of 7,114" and a discharge of 7,134" 9".
The accounts of the shore dues and ballast boats for 1648 show a charge of
5,266" 13" 41 and a discharge of 5,525" 14" 2'J.]
Ordaines George Wauchop thesaurer of Heriots Hospital] to big up
the bak yett of the Towns wall in Heriots yaird with all speid with maissie
warke of stone and lyme. . . .
Ordaines the thesaurer to big up the West port with maissie stane warke
for the present defence of the Toun conforme to the Glenerall of artilrie his
desyTe maid to the Counseil thairanent for the saftie of the Toun.
(Afternoon).
Appoyntis Adam Grein merchand to buy all the spades and shovells
he can gett for the use of the good Toun and committee of Estats. . . .
[Quartering
for arrears.]
[Collection of
Extent.]
26th July 1650.
Forsamekle as sundrie of the nighbors ar slow in paying of their dewes
for the present levie quhilk is lyklie to retarde the same to the prejudice
of the present service Thairfoir the Counsel! ordaines Colonell Br5aner to
send souldiers to ces and quarter upoun such of the nighbors and inhabitantis
as ar deficient in paying of their dewes cjuhen he sail be requyred be the
severall Captanes of this brugh to that effect. ... 1
Forsamekle as the Captanes of this brugh wer formerlie appoyntit to
collect the Touns proportioun of the fourscoir of thowsand merks imposed
1 See p. 248 supra.
OF THE BURGH OF EDINBURGH 251
upoun the burrowis from the severall nighbors in thair severall bounds
according as the samen is imposed be act of Counsell of the dait the fiftene
day of July instant and that now Adam Blair ane of the resaveris is seiking
peyment thairof . . . for his Majesties necessarie and personall use [the
treasurer is to collect 8,000" from eight captains for payment to Adam Blair.
He is also to collect 120" sterlmg from two captains for provision of surgeons to
the army. . . .J^
Ordaines proclaniatioun to pas threw this brugh . . . intimatting to [Proclamation,
^ !»*/»• OlttllKPirS PLC
the nighbors the present necessitous conditioun of the Armie and than-foir for .4rmy.]
to desyi'e the nighbors to contribut harden sheits blankets potts and panis
and such lyk and to send them tliis night to then" severall paroshe churches
within this brugh quhair they sail be resaved af then' handis. . . .
Ordaines the thesaurer to caus make sexten new coattis to the sex ten [coats for
officers of this brugh. . . . ^
Taking to then- consideratioun how necessar it is to dismis the schollers [High school
of the grammer schooll quho for the niaist part hes left the same alreddie
for the troubles of the tyme Thau'fou' . . . graunts to their feriat and
vacance to the fyften of September nixt. . . .
Appoyntis the baillie Robert Lockhart to advyse with the Rector [Library.)
Principall and jiroffessors in the Colledge of this brugh quhat course to
tak with the books in the Bibliothek. . . .
[The decreet arbitral as to tlie stipend of M'' Alexander Gibsone muiister [stipend of
at Leith is presented to the CouncU, who engage to concur and assist in the LeTtii.r "
fulfilment of the same. The skippers and marmers, who pay their dues to Trinity
House are to be considered as one quarter of the town of Leith and are to pay a
fourth jjart of the minister's stipend and, though they engage m trade, are not
to be obliged to contribute with the traffickers. The maltmen, with the petty
brewers and sledders are also to pay a fourth part and no more, even though they
trade. Similarly the craftsmen and mealmen are to pay another fourth and the
gentlemen and aU other inhabitants of Leith, not members of the preceding
mcorporations, are to pay the last fourth part.]
Considering that Sir James Stewart Lord Provest of this brugh hes [Grantor
done sunchie good offices to the same as is moir particularUe exprest in Provost.]
the acts of counsell of the daitts the twentie aught and threttie dayis of
Marche i"* vi'^ and fourtie nyne Thairfore for thes and many uther good
offices he hes done to this brugh (quhich the Counsell ar verrie reddie and
wilhng upon all occasiouns to acknawledge) untill they sail find occasioun
to exjjres then' resentment of his cau' and respect to the wielfier of this
' See pp. 246, 249 supra.
^ Treasurer's Accounts, iG^g-^o : " Item with the sowme of 944li 19^ 8il money payit
by order of coimsall the 30 day of August 1650 : to the severall parties that furnischit the cloithe
and welwat and utlier fui'nitom- for making of 16 new eoatts for the officers of tliis brughe
ordinar and extraordiuar uouformo to the particular compt givin lieirwitli."
252 EXTRACTS FROM THE RECORDS
Cittie in some more reall and ample maner They doe hierby give and graunt
unto him and his Lady dureing the lyftyme of the langer hever of them
twa that seat in the east kirk being the north paroshe Idrli of this brugh
quhilk they presentlie posses quhich is about the pillar under the Kings
loft over agains the pulpitt according as the same is now framed and made
in quantitie and forme with the passage and entrie it now hes and incaice
at any tyme the forme and fabrik of that kirk sould be altered Then and
in that caice they sail have the lyk seate in forme and quantitie in and
about the piller over againes the pulpitt quhair it sail hapjoen to be sett
with the lyk entrie and passage and lyk acomodatioun that his seat now hes
and for his farder securitie the Counsell doeth heirby promise for themselfis
and their successoris their care of the observance and performance of the
premisis.
Slst July 1650.1
Prociamatioun Ordaiues i^roclamatioun to p&s throw this brugh commanding the
S-"h?cowglit nighbors of the Cowgait betwix the Cowgait held and Cowgait port to
^°'*" send out their servanda presenthe with barrowis and graps and shovells
and such lyk and carie the muk ujDoun the streitt and within the closes and
stables m the Cowgait and lay it to the Cowgait port to baricade the same. . . .
[Baking of Ordaiucs prociamatioun . . . for imploying of the haiil baxteris to
bread forArmy.i ^^^ qijheatteu bread to the Armie at twentie pennyes the pund wecht
inrespect of then present necessitie and this exigence of tyme and command-
ing that no baxter baik bread or furneis any persone quhatsumever quhill
the Armie be first satisfied conform e to the ordor of the Committee of
Estates of the twentie seven of this instant. -
[EngUsh Requyres the Captanes of this brugh to exeim Johne Twyn printer
printers.] Crfstopher Higgius Johne Robins Daniel Written William Balfour Thomas
Thomsone Johne Montieth and Williame Rooks Enghshmen printers to
his Majestic within this brugh fra the present levie and paying of moneys
conforme to the ordor and for the caus specifiet and conteind in the act
of the Committee of Estates of the twentie twa of tlais mstant grauntit to
them for that effect. . . .
[Exemption Exeims all thos within this brugh that ar undertaken in the service
from levy.] ^£ ^j^^ traiuc of Artillerie from all chairges of out jjutting of men for the
present levie . . . conforme to the ordor of the Committee of Estates of
the twentie sex of Juhi last.
[King's visit.] The Counsell being informed that the Kings Majestic havcing come
' On 30th July Cromwell had concentrated hi.s forces at Musselburgh and the campaign
was about to open.
' See Appendix vii. But the letter really refers to a later date when the Scots army lay
at Corstorphine, guarding the way to Queensferry from Cromwell's army.
OF THE BURGH OF EDINBURGH 253
laitlie to Lieth unexpeetedlie is advysed to remove from thence for the
saftie of his royall persone inrespect of tlie neu'iies of the Eneinie to that
place Thairfoir they apjjoynt the bailhe Johne Bynnie and Robert Lockhart
to goe to Lieth and be advyce of M'' Robert Dowglas and others of our
mijiisters to learne if his Majestie intendis to come to this Toun befoir his
pairting from this syde of the watter and quhen his Majestie sail come to
tills Toiin ordaines the soume of twentie thowsand merks to be given be
the Provest to his Majestie at the port as a testimonie of their humble respects
and loyall affectioun to his Majestie and of their reddines to offer up their
lyfis and fortounes for his Majesties service in the preservatioun of Religioun
King and Kingdonie and ordaines the thesaurer to have the said soume in
reddiness out of the first end of the money borrowed fra the nighbors and
that he prepaire all uther things necessarie for his Majesties honorable
welcome and receptioun in this brugh cjuhen he comes as can be done
upoun this present unexpected occasioun. . . . ^
^rd August 1650.
{Afternoon).
M"" Andre Ker common Clerk of this brugh showing that be ordor of [Town waii.)
the Lord Provest and BaiUies he mett with Colonell Milne Johne Milne
and Johne Scott to sett doun be their advyce quhat wes yet further necessarie
to be done for defence upon the wallis of this brugh inrespect of the niernes
of the Enemies quarters unto the same ^ and producit a report of their
judgments in the bussines the tenor quhairof follows First it is thoght
fitting that one of the greattest peices be planted upon the round at the
Pleasance with another small one Item upon the great bastion at the bak
raw there would be another great peice and two small peices Item upon
the Potterraw port and the porters hous thair would be a plateforme for
muskiteirs Item upon the round of the south east corner of the wall of the
Grayfreir yaird there would be twa small guns plaiced Item another small
gunn on the litle flanker on the cros dyk of Heriots yaird Item on the
south west corner of Heriots yaird the long gun in the Court de guaird
would be planted Item abone the gairdners hous on that plateforme thair
would be planted a small peice Item at the turnehied on the West port
1 See Balfour, iv. p. 86. King Charles II came from Stirling to Leith on 29th July, was
received joyously by the army " hot gi'ate confusion and neglecte of deutie in the camp."
He stayed at Lord Babnerino's house. On Friday. 2nd August, he visited the Castle, was
entertained by the Town of Edinburgh in the upper Exchequer House and " sore against
his auen mynd " was persuaded to retire to Dunfermline. This move was partly due to the
Church's distrust of the King and the desire to continue the " purge " of the army.
^ General Leslie's general line of defence stretchetl from Leith, by Hermitage Hill, Hawkhill,
Restah'ig, the Calton Hill, Salisbury Crags and St Leonards to the protection of the Castle guns.
254
EXTRACTS FROM THE RECORDS
thair would be planted twa small guns In all thair might be planted twelff
gunns quhairof we have onhe sex quhairof one is not yet mounted and
thairfoir thair must be iither sex borrowed out of the Castle For the planting
of the sex guns quhilk we have alreddie Johne Mihie and Johne Scott ar
to cans mak reddie the platformes onlie than' must be moir daills and
trees gotten and that the thesaurer caus get warkmen to draw doun the
pieces this day and Johne Scott is to mount the peice unmounted with all
deligence Item that the thesaurer caus provyd towes and such materialls
necessarie for that effect Item at least sex guns must be provydit and the
Generall of Artibie spoken v,-ith to that effect Item than- must be a competent
portioun of tlu-ie pund ball provydit to the number of twentie shott at
liest to everie peice quhich must be gotten from the magazen of the Castle
if the Toun have not abeddie Item thair would be a competent portioun
of powder at ever basteon with spunges laddies and onsetteres and uthers
materialls necessarie as the gunners sail requyre Item it wer most necessarie
that thair wer fute banks about the wholl walls inrespect of the great bight
and narrownes in many places and for this effect the thesaurer would
provyd out of the Queensferie dales and trees with all dihgence and the
trees that ar not made use of in Leith would be broght up Item thair must
be allowance gevin to the warkemen that they may be intertenied uther-
wayls it wiU be impossible to kiep them at warke Quhilk being considered
the Counsell approves of the said report and referrs to the said lord Provest
and baUhes to sie and caus all the particulars thairin mentionat to be
accordinglie done and performed and that with all possible caire and dehgence
giveing them full power to doe everything necessarie for that effect.
[Food for
army.]
[Absence from
watch.]
5th August 1650.
Taking to their consideratioun the ordor of the Committee of Estats for
imploying of the victual! of Lieth for the present use of the Armie ^ Thairfoir
the counsell ordaines proclamatioun to pas through this brugh commanding
the haill nighbors of tliis brugh or toun of Lieth quho hes victuall within
the same to delj^v^er the samen to morrow at aught hours in the morning
at Keirs hous in Lieth quhair some wiU be attending for resaveing the same
to the effect the samen may be imployed for supjilieing the present necessitie
of the Armie with certificatioun if they refuis to doe the same their cellar
doores wiU be broken up and disposed upon at the pleasoure and be ordor
of the Committee of Estates.
Unlaws Gilbert Murray merchand in the soume of twentie punds money
time.
Cases brought later in the Burgh Court show that no payment was made at that
OF THE BURGH OF EDINBURGH 255
for his eight nights absence fra tiie watche in this time of danger and
ordaines him to goe to waird quliill lie pay tlie same . . . and incaice of
his absence thairfra hierefter ordaines him to be unlawed in tlie triple. . . .
1th August 1650.
Appoyntis the bailhe Robert Lockhart David Wilkie and George Eeguiatiouu
Cleghorne to oversie thes appoyntit be the kirk sessiouns for haveing cau'e sodgeris.
of the woundit sodgers lyand in the hospitall at the fate of Lieth wynd that
things be regulat aright both anent the collectioun of the charitie of the
nighbors for their use and cUstributioun thau'of among them.
Forsamekle as the counsell finding it necessarie in the tynie of danger [Officers for
to have the help and assistance of good officers over their companies witliha compauies.]
tliis brugh to direct them in any chairge or posture they sail be put to and
to give their counsell and waitt upon ordor and everie thing of that kynd
neidfuU for the defence of the Toun and ordoreing of the companies thairin
. . . elects admitts and resaves Colonell Andi-o Mihie to be their colonell
Uevtenent Colonell Affleck to be his heutenent Colonell Major Weir to be
their major dm-eing the Counsells pleasoure. . . . ^
Taking to their consideratioun the great paines that Colonell Brymer [Gratuity to
and liis regiment hes bein at in attending and watching about the walhs Brymer's
of the Citie most cUhgenthe night and day this tynae bygane quliill the
Sectarian Armie wes lying neir the same Thairfoir . . . appoynts as a
gratiiitie and ui recompence of their bygane paines that Colonell Brymer
have tlirie hundreth merks his heutenent colonell twa hundretli merks his
major ane hundreth and fyftie merks Captane Burne ane hundreth merks
and the four hevtenents iUv ane of them twentie fyve pund and the four
ensignes to have ilk ane of them twentie punds and the quarter master
ten punds and the marshell ten punds . . . and that the thesaurer make
present payment thairof . . . and siklyk to pay for the cullors that is
gotten to that regiment. . . .
Ordaines the thesaurer ... to pay to Wilhame Shaw merchand foiu- [Entertainment
builder threttie tlirie pund sexten shilling aught penyes for the expensis ° '"^'
of the desert bestowed upon his Majestie on Fryday last the second of this
instant. . . . ^
^th August 1650.
Compeired David Greg Alexander Mairten Johne Caddell Joline [Gunners.]
Robiesone Johne Gilmour and Thomas Kingstoun sex gunners of Lieth
' See p. 241 supra. There is nothing to explain why these men were reappointed or
wherein lay the difference in the two appointments.
* See p. 253 supra and note.
256
EXTRACTS FROM THE RECORDS
[Fortification
Leith and
Ediuburgli.]
[Arms for
Colonel Ker.l
qulio wer thoght fitt to be provydit for the gunnes upon the walls of this
brugh and acceptit upon them the chairge dureing the CounseUs pleasoure
. . . quhau-fou- the Counsell alio wis them fyftie pund sterling a month. . . . ^
Ai^poyntis Johne Lawder and Robert Murrey to get a roll of such
nighbors as ar out of the Toun in this tyme and to report to the Counsell.
[A committee is appointed to inspect the fortifications of Leith and to report
on the progress.]
12th August 1650.
of Forsamekle as the Committee of Estates be then" act of the fom't of
August instant finding it most necessarie for the good of the kingdome that
the warks and fortificatiouns of Lieth be with all speid compleitted and
considering that boattis ar now hindered to come doun the watter with
stones to Lieth as formerlie threw the stopping of the passage be the Enemie
did thairfou' authorise the Magistrats of this brugli or any haveing power
from them to tak or make perfytting of the saids works and that by the
advyce and at the sight of the General! of Ai'tilerie or any haveing his
ordor and siJvlyk the committee afoirsaid for the better secureing of the
Toun of Echnburgh for the good of the Kingdome did by the said act give
power to the Magistrats of this brugh to caus pull and tak doiui any housses
new or old that ar upon any part of the Toun wall thau'of or that ar neir
the same ather witlim or without in any quarter of the Toun quhich they
sail find necessarie or fitting to be taken doun for the securitie and defence
of the same And the Committee being unwilhng that the owneris of the
saids stones and housses sould suffer any prejucUce thau'by without satisfac-
tione for the same did thairfore give power to the saids magistrats to caus
some honest sworne men value the saids stones and housses swa to be
made use of and taking doun and according to the valuatioun thairof the
Committee declairs the same jJubhct debt and payable be this kingdome.
[Therefore the Council give instructions accordmgly.]
Haveing resaved earnest letters fra Colonell Gilbert Ker for some armes
inrespect of the jjresent scarcitie thairof and that the Committee of Estates
desyre armour to be lent for the present service for the quhilk the pubhct
is to become debtors to the good Town Thairfor they doe ordaine the dean
of gild to delyver to the said Colonell Ker or any haveing his ordor any
armour he desyres out of the Touns magazen. . . . ^
' See pp. 253, 254 supra.
'' With Colonel Strachan in conunand of the regiment raised by the ministers. These two
later detached themselves entirely from the supporters of the ICing and even approached
Cromwell.
OF THE BURGH OF EDINBURGH 257
Uth August 1650.
Compeired Johne Bynnie baillie and produced the report of the (Proposals for
defence of
committee of the counsel! appoynted upon tlie twelfF of this instant for Town.]
considering and directing Cjiiliat is necessarie to be done for the securitie
and defence of the Toun the tennor cphairof followis Imprimis that the
twa turrettis at the Netherbow be platformes Item at the Cowgait port
that the hous upoun the north syde tliairof be taken doun and the gavill
upoun the south syd thairof be platformes over the streitt and head of the
port Item that the Pleasance port be ojjened aU the day and the passage
quhilk is maid be east the same be closed with stone and lyme or chy stane
Item that the housses betwix the said port and James Loches south gavell
be comprysed and from his north gavill to the port also Item that James
Ahsone and Johne Hilstoun with Johne Mihie and Johne Scott be comprysers
of the saids housses and report to the counsell Item that the stanes of the
foirwall uiDoun S' Marie Wynd of all thes housses be caried to the bak syde
of the wester walls of the saids housis and built up thair within my Lord
Casselhs yaird and that the dooris and windowis quliilk is upoun the wester
wall may be closed with stane and lyme and that James Loches wooden
housis the fii'st and second stories thau-of the cloores windowes and uthers
entries be closed up and siklyk the stane hous also Item that the stane
hous at the bak of Breistmilnes hous the doors and windowes thairof looking
to the east and north be closed up with stane or faill and the hous betwix
the port and that be closed ujd lykways and the futes of thes closses traversit
with ane earth and stane wall goeing alongs be the fute of Andro Bryssouns
clos 1 and swa westward from ane yaird fute to another to the west syde
of Halkerstouns wynd fute to baricad the same to the west newk of the
stane wall at the North Loche Recommending to Johne Milne and Johne
Scott to goe about with all dihgence the doeing of the worke abone^vi-ittin
and appoynting the thesaiirer to give presentlie to Johne Milne ane thowsand
merks and to Johne Scott fyve hundreth merks for defrayeing all necessarie
chairges for the present And it is the opinioun of the Committee that the
wholl nighbors be assisting to this warke Item that all the housses betwix
the Cowgat port and the Societie Port be valued be the forsaids jaersones
that they may be taken doun also for the securitie of the Toun. [The
Council approve the report and give order accordingly.]
nth August 1650.
The counsell being now conveened extraordinarhe by warrand of the (Governor of
Committee of Estates the Lord Register the lord Broclie the lord Hoptoun
^ Otherwise known as Trunk's or Turing's close.
R
258 EXTRACTS FROM THE RECORDS
and Sir Jolme Cheislie represented from the Committee that the armie
being now to march out of their trenches towards the Enemie thair will
be a necessitie of leiving a garrisone m Lieth for tlie securitie of that place
the Governom- quhairof they conceave at this tyme be a skilfuU General!
officer qnhairin the Committee desjTed the Toun counsel! might be spolien
to know whither at this tpue they would plead any enterest in tlie placeing
the governour desyreing also that for compleittmg tlie fortificatiouns of
Lieth tlie Toun would take some speedie coiu'se for proyj^ding shovelles
and other instruments and materiaUs necessarie And in respect of the
necessitie of tlie Armie they lyk^^Tse shew the resolution of the Committee
of Estates conforme to their act past this day that one moneths maintenance
sould be advanced presently bj' t!ie commissioners of ShjTes and Burrowes
here present for their several! shyres and burghes and that the counsell of
Edinburgh might be desjTed to take course for advancemg one monetlis
maintenance paj'able by the Toun quhairin they hoped the good Toun
out of their effection to the cause and pubhck service ■niU not be wanting
but exprese their readines and forwardnes as formerly the}' have done
The counsel! haveing taken in consideratioun tiiese particulars severaUie
and first concerning the Governour of Lietli after mature dehberation
understanding that the Committee and General! officers would not be willing
to Heve any considerable garrisone thair if tlie counsell at tliis tymes
clamed tlieir interest in the placeing the Governour but would put the
defense of that place upon the Toun ^ Therfor the counsell doeth un-
animously resolve and conclude to Heve for this tyme the nominatioun of
the Governor of Lieth to the Committee of Estates -nith a speciall condition
that it sould be provyded in their act or commission for naming and placeing
the Governour that it wes upon the desyre of the counsell of Edinburgli at
this tjTne only and with speciall provisioun that it sould not be prejudicial!
to their pri^-iledge of placeing the Governor conforme to the thretten act
of the Parhament in Juhj i™ %n'= fom-tie njTie concernemg the fortificatiouns
of Lieth. 2 [The treasurer is ordered to provide shovels and other necessaries for
the fortifications of Leith and to pay one month's maintenance, being 6,490",
taking it from the money lent by the neighbours and, if needful, borrowing to
make up the requisite sum.]
21st August 1650.
rEeguiations [The Council and extraordinarj- deacons] takeing to their consideratioun
how the haill companies of this brugh hes bein upoun the night watclie
thir several! nights bygane without intermissioun and to the effect they
" See p. 239 and note supra.
* The act refenred to {A.P.S. vi. (2), p. 212) makes no mention of the goveraorship.
for watch.;
OF THE BUEGH OF EDINBURGH 259
mey have some ease . . . appoyntis eight companies of the sexten companies
... to be nighthe upoun the watche and to reheve uthers night about
be courses and that the twa companies of the youths divyd themselfis
equallie and the one halfe of ilk; ane of their companies to be upoun the
watche nighthe and the uther half to reheve them night about . . .
Thinks fitt that all thes housis in Sanct Marie Wynd and lieth wynd [Hoosestobe
on the west syd thairof be taken doun the demolishing quhairof sail be ^° °^^
fund necessarie for the present securitie of the Toun and that the committee
of fortificatioims with the master wright and master massone meitt and
consider cjuhat houses may be spaired to stand and quhat sould be casten
doim for the present . . .
[A committee is appointed] to consider quhat course to take with thes {AJ*^"***^
that have withdrawen themselflFs from this brugh in this tyme of so imminent
danger and to meitt the morne eftir sermon to that effect and to report
their opiniouns to the cormseU.
pi'' James Hodge, one of the doctors in the Grammar School, has served
as master there for the past four months, fohowiEig the death of M' WiUiam
Spence, late master there. He is to be paid 50 merks for his service.]
■2Srd August 1650.
[The treasurer is to pay to Captain Henry Sibbald, commanding one of the
three Irish companies the Town's proportion of July's pay. This, after deductitig
300" for quartering in Leith, amotmts to 64".]
Gives ordour and warrand to Robert Walwood and the seriands and [Horses for
' aitfllerr.]
muskiteirs with liim to take all the countrey horses he can find within this
brugh Canogait Portsbrugh and Pleasance for the service of the traine of
the artUerie and to seik and searche all the stables within the saids botmds
for that effect excepting always horses belonging to ministers and such as
bring in provisioun to this Toun quhich they ar not to make use of . . .
Taking to their consideratioiui how necessar it is to have a ntmiber of [caimon for
<~> WaH-l
mae gunns and peices upon all the basteonis round about the waUs of this
brugh for the defence thairof and considering that thair will be a necessitie
of much powder ball and uther materiaUs both for the companies and for
thes gunns upon the walls incaice of sei^ce and actioun the chairge and
oversight quhairof will requyre one of verie great trust and skill Thairfor
the cotmseU knowing the abilities and faithfulnes of Johne Milne master
massone . . . appoynt him for that chairge . . .
30fA August 1650.
Forsameikle as the Com m ittee of Estats be their act of the nvnt of rReapmg
^ * hooks.]
August instant considering that the trowperis and uthers of the Armie doe
260 EXTRACTS FROM THE RECORDS
destroy and trade doun much corne for want of liookis des^Teing and
recommending to the Provest baiUies and counsel] . . . with all speid to
caus mak and provyd ane thowsand good hookis for the use of [the] Armie
. . . Ordaines the thesaurer ... to goe presentlie with all speid and buy
the forsaid number of hooks for the use of the pubhct . . . ^
2nd September 1650.
[Fortifications Taking to their serious consideratioun the great danger that this brugh
To™.) ^° hes been into by the approach of the Sectarian Armie to the same and to
the toun of Lieth throw the want of fortificationes about this town and
the incompleitnes of the fortificationes of Lieth and how easihe the enemie
might have taken both this toun and Lieth to the utter ruin thereof and
to the great prejudice of the whole kingdome if our [Armie] had not lyen
about thir partes for the defense and securitie thereof and though now
at this tyme the Lord is graciously pleased to cause that enemie take the
retreat before our armie ^ yet for preventing the lyke danger in tyme
comeing finding it most necessarie for the good and saftie of this toun and
all the nieghbors and their whole goods and estates and for the great good
of the wholl kingdome that this toun be fortified and that the fortificatiouns
of Lieth be completly perfjrted . . . doe unanimously resolve and ordaine
that this towne be fortified and goe about the same with all deligence and
for this effect to cause strenthen the walls bigg up new battenes and works
digg ditches about all quarters cast doun houses neir the waUes conforme
to the ordor of the Committee of Estates of the foiu-t of August and
particularly appoynting that James Loches housses in S' Marie Wynd be
alned and estimate therefter be demoHshed and taken doun that part of
the toun from the Cowgait port to Lieth wynd foot may be strongly fortified
by strenthening the wall and casting grasses all alongs south and north
and lykways they ordaine the fortificatiouns to be completed and perfyted
with aU deligence.^ [The committee for fortifications, named on 12th August
is to meet and report what should be done.] Further ordaines the Lord
Provest the baiUies Robert Lockhart the Clerk and James Borthuik to goe
to the Committee of Estats now with the Armie and present this resolution
1 The treasurer bought " fourscore dozen " reaping hooks for the purpose at a cost of
240" 13" 4<'.
^ In the night between Friday and Saturday, .30th and 31st August, Cromwell and his
council of war determined to fall back on Dunbar. A cold and rainy August, the lack of
shelter and insufScient food had reduced the strength of the English army, so that retreat was
compulsory. On 31st August the first stage of the retreat, to Haddington, was made. Leslie
followed, but did not engage. On Sunday, 1st September, the English army reached Dunbar.
Leslie occupied the hillside of Doon, with a small detachment flimg out to guard the road
at the defile at Cockburnspath. By all appearances the English army was trapped.
* See pp. 256, 257 supra.
OF THE BURGH OF EDINBURGH 261
to their [ ] and to labour with them for helping and advanceing so
good and great a work . . . that ane moneths mantenance at least may
be gi-anted of the whole kingdome to the good toun and that they would
make a serious recommendatione tlierof to the Parhament.
The Lord Provest haveing made report that he with the baillies thesaurer
and so many of the counsell as could be conveened upon Setterday last in
the efternoone finding in respect of ordors sent to Colonell Brjnner that
his regiment sould presently mareh to the armie that there wes a necessitie
to give him satisfactione for baiggage horse to his regiment [allowed to him
1,000 merks for the f)urpose. The Council approve the arrangement. In con-
sideration of the services rendered by the Colonel and Boza his Ueutenant they
are to be received biu-gesses and gild- brethren gratis.]
The same day Alexander Brand ^ ajj^jearing before the counsell and
presentit to them very humbly a petition earnestly desireing to be restored
to his burgeshii3e and gildshipe taken from him by ane former act of
counsell of the date the last of Junij i™ vi" fom'tie eight and the counsel!
considering that the said Alexander lies lyen this long tyme out of these
ryghts to his great prejudice and that since he hes behaved himselff very
honestly and soberly and in these tymes of trouble hes been very readie
to doe all dewties of watching and warding and ail other dewtie performed
by any other neighbour and burges for the defence of the toun sicklyk
and as friely and willinglie as if he had been a burges Therefor the counsell
knowing the mynd of the jaersons interesed in the busines and being
considerat that the said Alexander sail carie himselff mor dewtifully then
formerly [order the dean of gUd to admit him anew without payment. He is to
have a new burges ticket.]
Taking to their consideratione tiie great abuse committed be a number Prociamatioun
of countrey people and utliers in cutting doun of all sorts of cornes and
bringing of them to this brugh Canogait and Lieth for fieding of horses
and selling of them to nighbors to the great hurt and prejudice of the
coinitrey susteind tlierby Therefor ordaines prociamatioun . . . cUschaLrge-
ing any persone quhatsmuevu' to be suffered to come in within this brugh
Canogait Lieth and pendicles of the same with any sort of sliorne corne
and if [any] persone sail happen to be aijprehendit thairwith or selling
the same . . . that they be put in prisone therin to remaine quhiU they
pey twentie punds money illc persone and underly farder punishment at
the will of the magistrat.
ith December 1651.
The quhilk day Su- James Stewart Provest Joline Bynnie Patrick
Thomsone Robert Fowhs Robert Lockhart baillies George Suittie dean of
' See pp. 153-6, 173 supra.
b2
1650.
262 EXTRACTS FROM THE RECORDS
Actanentthc gild James Rvicheid Lcaurence Hendersone David Wilkie Johne Denhame
coSSeUsen"^ Joline Meiu Robert Murrey Johne Lawder merchands Gilbert Sommervell
September" tailycor James Cleland chinirgian together with the deakens of crafts
James Borthuik of the chirurgians George Cleghorne of the goldsmiths
Michael Gibsone of the tailyeors Johne PoUok of the cordiners David
Thomsone of the \\Tights Together with the extraordinar deakens Alexander
Lyndsay of the hammermen Robert Pargilhes of the furriers Alexander
Meinzies of the maissouns James Baillie of the baxteris Alexander Smyth
of the fleshers James Lawsone of the wivers being convened in Counsell . . .^
[Proxies are elected for absent voters.]
bth December 1651.
[Election of [The Comicil and extraordinary deacons] appoynts Robert Adamsone to
siibscryve the acts given out to the old deacons for conveening of their
trade and choosing of then' new deakens in absence of M'' Alexander Guthrie
and M"^ Andro Ker ^ their Clerks and swa such uther thing endureing the
electioun . . .
[Bill of Health] Graunts bill of health under the seill of cans ... to Henrie Wilkie
merchand testifieing that he hes shippet certane lining cloth salmond
quheat and uther merchandeable commodities at the port and harberie of
Lieth bound [for] Cadiz in South Spaine. . . .
lOth December 1651.
[The new deacons of crafts and new councillors are elected.]
\2th December 1651.
[The Council and extraordinary deacons postpone the election of the leets
for the magistrates to Monday 15"> December.]
nth December 1651.
continuatioun [The Council and deacons, new and old, with fifty-one neighbours] continues
Magistrats. the electiouu of the lytts of magistratts till the haill English Commissioners
' Two pages are left blank for this act, which might have recorded the occupation of the
Town by Cromwell and his army. At tliis meeting, of the Council elected in 1649, the treasurer.
Sir William Dick, two coimcillors and three deacons were absent. There had been no meetings
of Council since 2nd September 1650. NicoU, in his diary under the date 26th November 1651,
narrates how Lieutenant-General Lambert had attempted to elect the magistrates hiinself
in 1651, but that the Cotmcil had refused any magistracy but one elected after their own
manner, so that for that year any justice was done by English courts held at Leith. But
see pp. 310-2 infra, which gives the Coimcil's own accoimt of the interregnum.
" Mr Antlrew Ker was a prisoner in London. See p. 264 and note.
OF THE BURGH OF EDINBURGH 263
come doun and be supplicat for the old forme and maner of
electioun.i
[Twelve persons are appointed] to be a committee of the assesment of [Committee for
twa hunder pund sterling - imposed upoun the brugh of Edinbin-gh Canogait
Leith and pendicles be ordor of Major Generall Lambert of the sexten
December instant in place of fyve hundreth fyftie four pund aught shilling
ten pens sterling imposed upon them for a moneths tyme payable the
twentie fyve of this instant and to divyd the said soume to ilk ane of them
theii- awen pairts therof to the effect the samen may be imposed upoun
the nighbors in their places respective forsaid equallie and iiroportionalhe
and exacted and payit againe the said day under the pames conteind in
the ordor gevin out theranent quherof the tenner follows Upon the payment
of twa luuidretli pund sterling by the inhabitants and heretors of the burgh
of Edinburgh and toun of Lieth at our [ ] befoir the twentie fyve of
this instant December to M'' Robert Sympsone collector of the shyi-e of
Edinburgli the said inhabitants and heretors of the brugh and toun aforsaid
sail be respited and dischau-ged from paying the proportion of assesment
laid upon them by the lait warrand of assesment untill farder ordor from
one and M"" Sympsone collector is accordinglie to tak notice hierof Given
under my hand and seal sexten of December i"^ vi^ fyftie ane sic subscribitur
Lambert . . .
Appo3mts James Philp to wryt out the rent of Heriots Hospitall that it ',?''?'■.?''„
may be schawen to Major Generall Lambert quha requyres a sight therof . . . P'lai]
24:th December 165L
Compeired Sir James Stewart provest and producit a missive direct to Hotter to
Provost
him be the Chancellor from Sterling daittit the fyve September i^" vi'^ Diotiuced.i
and fyftie and desyi'ed the samen to be insert in the counsell book Quhilk
the counsell thoght reasonable and ordained the samen to be insert in
their counsell book quherof the tennor followis For the right honorable the
lord Provest of Edinburgh My lord tlie Committee of Estates taking into
consideratioun what may be your conditioun upon the Enemies approache
to the Toun of Edinbiu-gh hath appoyntit me to acquaint yow that it is
their desyi'e incaice yow find not thes people quhich ar left in Edinburgh
both wiUing and able to defend it (as we suppose they ar not) that so soone
' These commissioners who took up their residence in Dalkeith Palace in January 1652
were Ohver St John, Sir Harry Vane, Monck, Lambert and three others, their title, " Com-
missioners of the Parhament of the Conunonwealth of England for managing the affairs of
Scotland."
- Taxation for the army of occupation. It proved even more difficult to evade than tlie
monthly maintenance.
264
EXTRACTS FROM THE RECORDS
[Summons to
Mr David
Dickson to
return.]
[Plan of Town
assessment.!
as the Enemie makes a neir approaohe to the Toun that yow cannot stay
without hazard of being under their power you retire yourselfe hither
quher the Committee conceaves yow may be usefuUie imployed in advanceing
the pubHct service from quhich yow cannot hot expect to be disenabled
if yow sould remaine in any place that sail come under the Enemies power
So expecting your obedience heirin we rest yom* affectionat fi'eind sic
subscribitur Loudoun Can"""- I. P. D. Com. Sterhng the fyve September
1650.1
[A committee is appointed to look after the Common Good. The same
committee, with the Provost as supernumerary, is to confer with the Kirk
Sessions] anent some provisioun for the maintenance of the ministers at
home and help of the ministers in prisone at Londoun.^
[In all future taxation, mamtenance or cess, the following proportion is to
be kept : of every 100" Edinburgh is to pay 72" 3^ 4'i ; South Leith 13" 18^ 4^ ;
North Leith 41' 3« B" ; Canongate, 9" 0^ 11<> ; Pleasance 13^ 11*.]
Gives ordor and warrand to Robert Adamsone to subscrive depute in
name of the counsell to the draught of a letter pennd be M"" George
Hutchiesoun minister direct to M^ David Dicksone Professor of divinitie
within this Colledge for the present at Glasgow or Innerary for his returne
to his chairge heir in thir present defficle tymes quhen they want both
Principle and Rector.^
lUh January 1652.
[The plan for the assessment upon the Town and its liberties for the year
December 1651 to December 1652 is produced, showing the monthly assess-
ment on the Town to be 2,000"] quhilk is divycUt as efter foUowes viz. the
nighbors markit in the rollis with number 1. are twentie fyve persones at
four pund eleven shilling four jDcns ilk man and extends to ane hundreth
fomten pund ane shilUng foin penyes The number 2. ar foitrscoir four
persones at tlu-ie pund ten sliilhng ilk persone inde twa hundreth fourscoir
fourten pund Number 3. are twa hundreth fourscoir fom'ten persons at
^ On 27th September the Commission of Assembly, appUed to by the Provost, baiHes and
some of the Council as to whether they should return to the burgh and hold their elections,
answered that such a course would be both inexpedient and dangerous (Proceedings, iii. p. 70).
The application was doubtless a consequence of this command.
- Mr Robert Douglas, Mr Mmigo Law, Mr John Smith and Mi- James Hamilton with the
clerk of the General Assembly, who was also Town Clerk, members of the Committee of the
General Assembly, had been taken prisoners at Alyth by the English imder Colonel Aldrich.
They were sent to Broughty Ferry and thence shipped to London on 28th August 1651.
' The Rector, Mr Robert Douglas, was a prisoner. In any case the appointment was
yearly. Dickson, since Jiily 1650, had been eiuployed on various charges which would take him
from Edinburgh, as chaplain to the army and as commissioner to confer with the Protestors
in the west country. It seems probable that he had followed or accompanied the Marquis
of Argyle to Inverary, where the latter had retired after the subjugation of Scotland by
Cromwell and Monck. No reason seems apparent for the principal, Mr John Adamson's
absence.
OF THE BURGH OF EDINBURGH 265
twa pund aught shilling ilk persone inde seven hunclreth fyve pund twelff
shilling Number 4. ar thrie hundreth fourscoir seven persons at ane pund
ten shilling ilk persone inde fyve hundreth fourscoir punds ten shiUing
Number 5. ar four hundreth fourscoir seven persones at sexten shilling
aught penyes ilk persone inde four hundreth fyve pund sexten shilhng
aught penyes Extending in the haill to the forsaid soume of twa thowsand
ane hundreth pund . . . ^
[Robert Sympsone, collector of the month's cess, acknowledges receipt of the
money for the month 25"" December to 25"> January.]
Appoyntis George Wauchop lait thesaurer of Heriots Hospital! to goe [Rental of
doun to Leith with the iJarticullar rentall of the said hospitall for the use Hospital.]
of Generall Major Lambert and the commissioners . . .
The memberis of the lait counsel! being conveind doe hierby give ordor [Payment for
* Pjiiii 's Work
and warrand to Johne Tailfier collector of the dewes of the milnes of the and correction
water of Lieth to pay to Robert Trotter taksman of the manufactories at
Bonningtoun Pauls warke and Correctioun hous the soume of four hundreth
punds scotts money in part of peyment of the bygane annuelrent dew be
the good Toun to the said taksman.
Appoynts Johne Foster collector of the Touns common good within [Couege
this brugh to call and persew for the bygane maills of any thing dew to the
good Toun and to pay to the regents of the Colledge the soume of twa
thowsand merks thairof . . .
[The constables are ordered to supervise the cleaning of the streets] and [cieaninK of
to imploy and caus the nighbors imploy their servands for carieing the
mucke on the north side of the hie streitt doun to the North loche side
and thes on the south syde and Cowgait to caus carle the mucke therof
furth at the West port and Cowgait port and uther ports nixt adjacent
therto ... ay and quhill the haill be clenged . . . [Those neighbours who
refuse will be fined and have soldiers quartered upon them.] -
20th January 1652.
[The Council, ordinary and extraordinary deacons with some of the old [Petition for
magistrates and Council] eftir informatioun given be the counsell to the ■"''e'^'''''<'yl
nighbors old magistratts and counsellers conveind anent the necessitie
' This shows the taxable population of the burgh at that date to be 1,267 persons. The
actual cess was l,732li and the balance was for the expenses of collection. A different roll
seems to have been made each month and the numbers in each vary slightly.
- This order may have been consequent on the proclamation concerning lighting and
cleaning the streets, issued by the Court Martial at Edinburgh. In that the Provost was
desired to see that the streets were cleaned within fourteen days. No inhabitant of Edinburgh
was to throw water or filth from their windows, imder pain of 4s. sterling, whereof 2s. to the
discoverer and two to the poor of the Town [Scotland and the Commonicealth, p. 347).
266
EXTRACTS FROM THE RECORDS
[Town's rights
for election of
magistrates.]
of supplicatting the English Commissioners for a Magistracie and mviteing
of them to the Toun quho for the present ar lying at Dalkeith they all
unanimouslie agried therto. [Therefore Archibald Tod, James Riicheid and
David Wilkie, merchants, Gilbert Sommervell, Robert M<:Kean and Johne
Milne, crafts, are chosen to go to Dalkeith] with power to them to manage
the matter the best they can upon the place ather be word or
writt. . . . ^
21th, January 1652.
[In presence of the Council and extraordinary deacons report was made
by four of the commissioners sent to Dalkeith that the Enghsh Commissioners
desired them] to evidence their originall ryghts anent the priviledges of
electioun of magistratts to the effect they might know quhat to doe theranent
the counsell thinks fitt that the Touns great Chartor anno i^ vi^ threttie
thrie [sic] and the decreitt arbitrall betuixt the merchands and crafts anno
jm yc fourscoir thrie and ratificatioun therof amio ane thowsand iyve hunder
fourscoir four sould be sent up to Dalkeitii . . . and appoynt Robert
Adamsone to goe up to Dalkeith the morne with the Touns commissioners
and to carie the said Chartor decreit and ratificatione and to use their
diligence for bringing of them bak againe . . . ^
30th January 1G52.
[The Council and extraordinary deacons order an answer from the Enghsh
Commissioners to be kept tUl the following Wednesday when the Provost wiU
be present and the Council more fuU.]
[Impositions,] AppojTits Patrick Thomsone and Anch-o Bryssone to goe to Lieth and
to present the Enghsh Commissioners ordors chrect to Richard Saltounstall
and Thomas Desborow for staying of the ordors emitted be them in Lieth
in favors of M'' Alexander Dick quho hes purchest ane ordor from them
agains the lait collectors of the publict and under that natioun doe trouble
and molest sindiie of the nighbors of this brugh for thes publict impositiounes
quhilk wer collected be the Captans anno i™ vi^ and fyftie . . .
[Election of
magistrates.]
11^/i February 1652.
[The CouncO,' ordinary and extraordmary deacons with one hundred and
twenty-nhie neighbours and others not named bemg convened] in theh
presence compeird Robert Sympsone . . . and producit and delyvered to
John Bynnie in name of the nighbors conveind twa papers viz. a privat
paper or missive direct from the Enghsh Commissioners to the said Robert
' See p. 262 and note. ' See Scotland and the Commonwealth, p. 35, note 3.
' The Provost was not present.
OF THE BURGH OF EDINBURGH 267
himselff and a i^rinted paper direct to the Biirgesses and nighbors of the
brugh of Edinburgh . . . Quherof the tennor foUowis The privat letter
direct to Robert Sympsone is as foUowis Sir reposeing especiall trust in
yow we have thoght fitt to send thos inclosed warrants to yow being two
and liierby authorise and ajjpoynt yow with all possible S2]eid to convein
the heretors rentalleris burgesses and nighbors of the shjrres and burgliis
of quhich yow ar Collector at some fitt place and tlier to delyver the said
inclosed to them respective and furthwith to give us ane accompt of what
is done hierupoun Not doubting of your owtmost deligence in a matter
of soe great imiaortance we rest your loveing freinds Sic subscribitur
01. S* Joline H. Vane J. Lambert Ri. Beane J. Fenwick Ri. Salwey George
Monck Robert Tichborne Dalkeith 20 Januar i™ vi" fyftie ane.^ The
printed paper direct to the burgesses and niglibors of this brugh is as
followis By The Commissioners of the ParUament of the Coraoun wealth
of England for ordoreing and managing affaires in Scotland The Parhament
of the Common wealth of England haveing declaired their intentiouns
concerning the settlement of Scotland and ajjpoynted us their Commissioners
to pubHshe and make knowen the same to the people of this natioun and
to use our indevoir cjuherby the said settlement may with most satisfactioun
and sjieid be effected and the whole Island threw the goodnes of God broght
to ane liapie and lasting peice we doe therefou- by vktue of the power on
that behalf given us authorise and requyre yow to meitt in some convenient
place within your brugh and tlier to nominat and elect two j^ersones of
integritie and good affectioun to the weelfair and jDeace of this Island
quhich said persones so elected with full power on your behalfe for effecting
the premissis are to be with us at Dalkeith upon the twelff day of Februar
nixt being Thursdey Gevin under our hands at Dalkeith this twentie ane
day of Januarij i™ vi^^ fyftie ane [signed as above]. ^ Eftir reading of the
jjrivat missive and jiubhct ordor befoir mentioned the nighbors wer desyred
(be Johne Bjmnie as old baillie and speaker nemine contradicente) to proceid
to the electioun of twa commissioners for this brugh conforme to the
warrand afoirsaid and the rolls broght in to call every man be his name to
that effect Bot to eshew such a tedious worke and confusioun of electioun
the greatest part of the nighbors inclyning rather to have it done in a more
' England still used the old system of dating, abandoned in Scotland in 1600.
- A letter from Monck to Cromwell anent the proposed interference with the elections in
Scottish burghs stated that " all the burghes in Scotland (being incorporated into one body)
were the very first that owned us and submitted to us, and have since lived peaceably under us,
and whose interest is most agreeable with ours by reason of their trade and trafflck, and so
more easily to bee interwoven with ours and therefore more tenderly and carefully to be
cherished by us." This expression of opinion may have helper! towards the permission to
carry out elections in the usual maruier. These persons signing were the eight commissioners
sent to settle the civil government and prepare the way for a union.
268
EXTRACTS FROM THE RECORDS
[Election of
com-
missioners.]
[Refusal of
commissioner.]
[Materials of
leperhouse for
repairs.]
ordorlie wey desjTed the voices of the nighbors to be taken anent the maner
of election Quhither the samen sould be done be the nighbors ther conveind
or remitted be them to the members of the counsell as nighbors in their
name Conforme quherunto the suffrages of the nighbors conveind wer
taken and voiced and marked under thir two words counsell or nighbors
(the members of the counsell being no voicers) all voyceing to the counsell
wey of electioun except eleven persons onlie. [Whereupon John Bynnie,
speaker, reported the proceedings to Robert Sympsone and took instruments.]
Electis Johne Denhame merchand and James Fairbakne goldsmyth
conforme to the warrand direct to nighbors be the English Com-
missioners. . . .
nth February 1652.1
The quhilk day the memberis of the counsell . . . being conveind at
the desyre of the nighbors for electing tuo of their number to attend the
Enghshe Commissioners of the Parhament of the Common wealth of
England at Dalkeith . . . and haveing maid choys of Johne Denhame
merchand and James Fairbairne goldsmith they sent for the said Johne
Denhame and acquainted him therwith quho compeirand refuised absolutUe
to accept 2 quherupoun Johne Bynnie in name of the memberis of the
counsell askit and took instruments in the hands of Robert Adamsone
clerk nottar i:)ubhct to bier witnes of their dehgence in obedience to the
ordors and warrand afoirsaid and of the said Johne Denhame his refuisall
This wes done in face of counsell about twelfif acloak of the dey moneth
and yen- of God afoirsaid.
Gives . . . warrand to Johne Foster the Touns servand to tak of the
roofe of the lipiierhous ^ timber and sklaitts and caus carie the same in
to the hospital! at the fute of Lietli wynd for the use of the Netherbow
and Toun milnes or any uther publict warks im-espect the samen is alreadie
thrd in part be strangeris and in short tyme nothing will be left theron.
[Refusal of
commissioner.]
I2th February 1652.
[The Council being convened] * Compeired John Bynnie and shew to
the counsell that the commissioun delyvered be Robert Adamsone at
Johne Denhames hous yesternight wes sent doun to his hous this morneing
'■ Tliere appears to be some error in the dating of this and tlie preceding entries. Both
are for the same date, but definitely refer to different meetings. Possibly this meeting took
place in the afternoon, but it was usual to indicate such special meetings.
^ John Denliame, who held office after Engagers were expelled from the Council, was
of the extreme Presbyterian party. It is possible that he refused to be a party to treating
with " sectaries." The errand to Dalkeith was to hear and tender their assent to the proposals
for union with England. See Scotland and the Commomvealtli, p. 41.
^ At Greenside. * The Provost was not present.
OF THE BURGH OF EDINBURGH 269
tymous inclosed in a paper under lies wyfes hand as follows Sir Baillie my
husband being gone out of Toun I thoght it my dewtie to returne yow this
l^aper My husband did not sie it I am confident yow will take such course
as sail be most for the Touns good yoiu- loveing freind {sic subscribitur)
Kattrm Name Quherupoun they du-ectit [James] Faii-bau'ne to goe up to
Dalkeith and to take the commissioun and instrument of his refuisall with
him to beir witnes of the counsells obedience and the said Johne his dis-
obedience and refuisall . . .
I4th February 1652.
[James Fairbairne reported to the Council ^ his dihgence on 12"' and 13"'
instant and postponement of proceedmgs till Monday. The Council was warned
for that day.]
IQth February 1652.
[The Council ^ with the extraordinary deacons m consequence of James
Fairbairne's report on Saturday appoint him to go back to Dalkeith] to [Commissioner
attend such ordors as theu- Honors sail injoyne for electioun of another in '
place of Johne Denhame absent and to desjrre their Honors not to impute
it to any neglect of the Toun quho ar reddie and willing to give all satis-
factioun in quhat they are able . . .
\ltli February 1652.
[The CouncU ^ and extraordinary deacons bemg convened] Compeu'ed [Special meet-
Johne Bynme and producit a missive letter direct irom James l^au-bau-ne
their commissioner at Dalkeith to the said Johne Bynnie and im'espect
the said James being unwell is to be at this Toun once tliis dey the counsell
requyres the gild officer to wairne the haill members of the counsell to
convem at ten a cloak being the aughten of this mstant within the laiche
counsell lious of this brugh as they tender the weilfaer of the Toun. . . .
I8th February 1652.
[The Council ^ and extraordinary deacons being assembled James Fairbairne
produced a new order from the Enghsh Commissioners for the choice of two
commissioners to be at Dalkeith on 23rd instant. The Council elect WiUiam
Thomson and James Fairbairne.]
Appoynts the counsell to be wairned at all occassiouns for assisting counseu
their commissioners with their best advyse and counsell as their bussines sine quorum.
sail happen to requyi'e from tyme to tyme and quhat number of the counsell
sail happen to meitt being wairned Gives power to them to give their advyse
therin.i
1 The Provost was not present.
270 EXTRACTS FROM THE RECORDS
2lst February 1652.
[The Council ^ and extraordinary deacons, in respect of the iUness of James
Fairbairne, appoint John Milne, mason in his place.]
29th February 1652.
(Town writs to [The Council,^ after the reading of two private letters from William Thomson
uaikeitL.] ^^^^ John Milne] ajipoynted James Rucheid and Gilbert SommerveU and
David Wilkie to bier them comiDanie and appoynts George Chejoi to carie
alongs with them the Touns last Magna charta i™ vi^ tlirettie sex and all
uther giftis grauntit to the good Toiin sensyn as the gift of the merk of the
toun the gift of deamie of Edinburgli the gift of the aught penny of the
pynt of wyne and sexten penny of seek and strong watters and gift of
annuitie the charters of the superioritie of the Canogait and North Lieth
Bishoprik of Orkney Kings Warke of Lieth superioritie of Portsburgh
Heriots Warke and such lyk for the use of the Touns Commissioners and
to be cairfull of the bringing of them bak agane. . . . ^
3rd March 1652.
[The Council ^ and extraordinary deacons agree that copies of the writs
mentioned above are to be sent to Dalkeith, which may be delivered to the
EngUsh Commissioners.]
4th March 1652.
[Election of [The CoimcU and extraordinary deacons being convened] compeired Jo line
Byiinie and producit a missive letter dii'ect to him from William Thomson
and Johne Milne fra Dalkeith yesternight with a paper and parchement
inclosed the paper calht the Touns protectioun daittit twentie seven
Februar and the parchment callit the charter for electioun of Magistratts
daittit the second of Marche instant and desyred the samen to be read in
presence of the coimsell Quhilk wes done . . . And eftir much debait a
questioun wes staitted quhither the counsell now conveind sould make
choyse of the magistratts or if the nighbors as the collective bodie sould
be conveind consulted and their consent given to the counsell befoir electioun
of magistratts sould be done be the counsell eftir the old rites and customs
conforme to the expres sens and meining of the warrand producit Quherunto
the Provest Sir James Stewart Robert Foulis baillie Johne Denhame and
David Kennedie dissassentit.
1 The Provost was not present.
^ See p. 266 supra. It is interesting that it was not tlie charter by James VI in 1603
which was sent, but the modified one by his son, Charles I. The other documents concerned
the Town's superiorities and the grants necessary for relief of the common good. The
inclusion of Heriot's Hospital writs probably was due to the English claim to Heriot's legacy,
as his wealth had been gained in England.
OF THE BURGH OF EDINBURGH 271
5th March 1652.
[The Council and extraordinary deacons being convened] compeired [Election of
WilUam Thomsone and Jolme Mibie . . . and besyd the paper and parche-
ment sent in yesterday and producit they did lykwayis exliibite uther
papers viz the printed declaratioun of the Parliament of the Commoun
weath of England concerning the settlement of Scotland daittit anno i™ vi'^
fjrftie ane with the printed explanatioun of the forsaid declaratioun together
with the Enghsh Commissioners their queres caUit the Tender the Touns
commissioners or deputies (as they call them) their acceptance of the said
Tender daitit twentie seven Februar last The Touns jDrotectiomi following
therupoun of the said daitt with the propositiouns of the commissioners
of Edinburgh to the Commissioners of the Parhament of the Common
wealth of England and another paper anent the electioun of Magistratts
and filling of the place of the members of the counsel! absent or refuseing
daittit tlu-id instantis all quhich being pubhcthe read . . . and smdrie
questiouns stated be the Provest to be voited and nothing condiscendit
upon dryving over tyme the Provest fell awrytting of a i3roi:)Ositioun of
his owen making In the interim Williame Thomsone and Johne Mihie
producit the Tender to be subscryved be the CounseU conveiiid as persones
electors conforme the last article of the great parchement Immediathe
the Provest Sir James Stewart cUd convert Ms propositioun in a protestatioun
and protestit that befoir the lytting or electing of the counseU or magistratts
by the nighbors quliich he conceives is requyi'ed by the Toun of Edinburghs
commissioners that first the English Commissioners their mynd be knowen
quliither the lait counsell sail be the electors they obeing the ordors sent
in to them or whither the lyk meitting of nighbors as gave the commissioun
to the laitt counseU sail be the electors Lykas Robert FouUs Johne Denliame
David Kennedie and James Lawsone declau'ed they adliered to the forsaid
protestatioun desyreing to have the voice of the counsell quhither they
would adniitt of the protestatioun befoir they sould proceid to the electioun
of the lytts yea or nay and removed themselffis to get tlie counsells answer.
In the interim quhill the Provest wes condiscending upoun the propositioun
and befoir he turned it in a protestatioun comjoeird Robert Achiesone and
Alexander Brand and give in a bill for themselfis and in name of the nighbors
of their sens of the said electioun that the samen sould be remitted bak to
thes fra quhom the order flowed that they may be themselfiis for this tyme
appojait magistratts for this ensewing yeir and the samen to be without
prejudice of the hberties of the Toun in aU tyme comeing Quhilk bill and
declaratioun wes rejected becaus not subscryved Thereftir the counsell
proceidit to the voiceing of [the] Provests protestatioun and his adherents
272 EXTRACTS FROM THE RECORDS
forsaid quhilk being voiced be the counsell they refuised the protestatioun
abonewTitten and fand it their dewtie to proceid to tlie electioun of the
lyttis of magistratts conforme to the warrands producit And the Provest
and utiiers forsaids called in and gat their answer quherupoun the said
Sir James for himself and the remanent askit act and instruments . . .
and removed themselfis out of counsell Lykas the forsaid Robert Achiesoun
and Alexander Brand producit the forsaid bill and declaratioun with a
protestatioun annexit therto subscryvit with their hands and twentieor
threttie of the nighbors protesting agams all that sail be done therin c^uhilk
declaratioun and protestatioun being lykwayis read and voiced . . . fand
it lykwayis contrair to the warrands and orders producit and refuised the
same qidierupoun the said Robert Achiesoun and Alexander Brand askit
instruments. . . .
[The vacancies in the Council, six for protestors and nine for absentees, were
filled up.
The Council agreed to the election of deacons and councillors made on 10">
December last.^
The leets for magistrates were chosen.]
%th March 1652.
[The magistrates were elected.]
[Acceptance of Compeu'ed Ai'cliibald Tod provest James EilUes Joline Marjoribanks
Thomas Calderwood thi-ie of the new electit baillies and James Rucheid
dean of gild and acceptit upon them the saids offices and in presence of
Hendrie Whally esquyre judge advocat deputed be the Commissioners of
the Parhament of the Common wealth of England to that effect underwrittin
gave their aiths de fideli administratione}
12th March 1652.
[Vacancy of [As the ofiice of Common Clerk is vacant through the death of M'' Alexander
Clerkship.] Guthrie and the imprisonment of M' Alexander Ker m England ' and because
1 See p. 262 supra.
^ For list of Council see p. 277 infra. It was apparently not complete till the time of its
insertion. See Scotland and the Commonweallh, p. 35, for Whalley's account of this. He
states that the treasurer elected, but refusing to take ofiice, was Jolin Lauder. See NicoU's
Diary, pp. 87, 88.
' Mr Andrew Ker was appointed Town Clerk in October 1648 (p. 188 mipra), following
upon the dismissal of WilUam Thomson for his share in the Engagement. He was captured
at Alyth on 23rd August 1651, when the Committee of Estates and the Commission of the
General Assembly were suiprised by a detachment of the English Army and carried prisoners
to London. Among the prisoners were the Earl of Leven, the Earl of Crawford, the Earl
Marshall, Lord Ogilvy, Sir Adam Hepburn of Humbie, Sir James Foullis of Colinton, Archibald
Sydserf, merchant of Edinburgh, Mr Robert Douglas, Mr Mimgo Law, Mr John Smith,
Mr James Hamilton, all ministers of Edinbiu'gh, Mr Andrew Ker, and Mr James Sharpe,
minister of Crail (Balfour, iv. p. 314). They were detained as prisoners till the beginning of
the year 1653.
OF THE BURGH OF EDINBURGH 273
the latter, even though he were present, as clerk to the General and Syiiodall
AssembUes and to the Commission of the Kirk, has not time to carry out the
duties of Common Clerk sufficiently, the office is declared void. The necessity
for the appointment of a new and able person is as follows] Namelie con-
sidering the heavie and deplorable conditioun of this brugh everie thing
atlier for ordor or governement lyin in disorder and confusioun throw the
want of niagistracie this long tynie bygane and that the Common Good
belonging to the same quherwith the great and heavie burdens lying upon
this brugh sould be relieved ar exhausted the weighous being demolished
the Societie lying waist the haill dewties of the mercatts and ports being
in disuetude the farmes of the borrow muire and dewes of the hous of the
Muire voyd the CoUedge and the Hospital! rents teyndis and lands belonging
to them all ruined and exhausted be thir troubles the touns charter hous
being broken up and the writts in disorder the Clerks chahner lykwayis
and Toiui coiu-t bookis both baillie courts and utliers and all the registers
therin being in sic confusioun that we doe not know how to begin or quher
to seik any necessar writt And above all the priviledges immunities and
friedome quhilk this brugh had over the touu of Lieth and harborie therof
be the benefite of the sole trade ther pertening onUe to the burgesis and
friemen of this brugh quliilk wes the verie being subsistance and lyfe of
this brugh the Touns superiorities and properties ther the casualities belong-
ing to the good Toun m the same sik as the shoir dewes ballast boattis
libertie to vintneris to rin wyne thirlage to the Touns milnes few dewties
with uther casuaUties the Touns sujDeriorities of the Canogait north syde of
the bridge of Lieth with Pleasance entres and few dewties pertening therto
the Touns superiorities of the West port and Potterraw with their entres
and few dewties The haill kirk leivings of this brugh as the Bishoprik of
Orkney teyndis of Dumberme Weymes Lempitlaw and Lurdenlaw and uthers
The reversiouns of the Bishoprilv of Edinburgh with the Touns gift of the
merk of the tun and pack of goodis upoun quhich lyes heavie burdens The
new gift of eight j^ennyes ujion the pyiit of Frenche wyne and sexten
pennyes upoun Spanishe wynes and uther strong liquors rin and ventit
within this brugh and hberties therof And generaUie the Touns accompts
with all and quhatsoever paperis and wiitts belonging to the good Toun
in sik a sad conditioun and estate that unles the counsell be cairfuU to
provyde tymeous remeid thairto the haill affairs concerneing the ruleing
guyding and governing of this brugh is lyk to perishe and decay and the
counsell being verie desyi'ous and willing to searche out the ground and
caus of all this miserie lying upon this brugh at this tyme finds tAva maine
argumentis and causes thau'of the first the want of magistracie heir thes
nynten moneths bygane and the other is the want of our Clerk M"" Andi'o
S
274
EXTRACTS FROM THE RECORDS
Ker quho is now prisoner in England quhois office it is to preserve and keip
all our ryghts and evidents and to informe the magistratts from tyrne to
tyme of all their bussines and to give them counsell in any difficnltie or
occasioun quhich doeth present And lykwajis . . . taking to their con-
sideratioun the present estate and conditioun quherin tliis brugh with all
the hberties therof stands mth the English being now (by Gods providence)
reducit under their obedience so that no magistracie counsell nor governe-
ment is or can be heir bot their expres licence and good will [for which and
for other weighty reasons M"' Andrew Ker is dismissed his office and the post
declared vacant.
William Thomsone of Newinilnes, who has done faithful service to the Town,
is appointed Common Clerk.] ^
[Imprisoned
ministers.]
[New jailor.)
[Mills.]
[Officer
dismissed.]
[Price of ale
and beer.]
24:th March 1652.
[A committee is appointed] to meitt with the ministers anent the releife
of the mmisters imprisoned at Londoun and anent a call to M^ David
Dicksone professor of divinitie to the Colledge.^
Taking to their consideratioun that the office of javillor or goodman
of the Tolbuith hes bem deserted be Robert Denliame lait javiUor absenting
himselff fra the chairge thes nynten moneths bygane . . . thairfoir . . .
chooses Robert M^Kean skinner to be javillor or keiper of the said Tolbuith.^
[A committee is] to give ordor from tyme to tyme to Johne Taifier to
repair the Touns mUnes upon the Watter of Lieth inrespect ther is no
thesaurer for the tjTne.
2nd April 1652.
[James BaUhe is to be deacon of the bakers in place of Alexander Denhame.]
Talcing to their consideratioun the manifold complaints given in be the
nighbors against Johne Mitchell officer anent his rigorous exactioun of
quarterings poyiiding without ordor scandalizing of the conunittee of the
nighbors as partiall and void of understanding and especiaUie as a man of
ane evill lyfe and conversatioun accused of thift and helping of a bawdie
hous [he is dismissed and another elected in his place].
Taking to their consideratioun the exhorbitant pryce of aill and bier
ventit and run within tliis brugh and liberties therof some at four shillmg
and uthers at ten sliilhng the pynt [they order that ale and beer shall both be
sold at 2^ the pint].
• See note on preceding page. This reappointment was rendered lawful by the
Parliament's action in revoking the Act of Classes.
' See p. 264 supra, and notes. ' See p. 180 supta.
OF THE BURGH OF EDINBURGH 275
1th April 1652.
Finding their number to be miconipliet since the electionn tlu-ew the [Vacancies in
~ ' Council.]
absence of Johne Liddell and David Kennedie the ane something unsatisfied
and the uther altogether refuiseing tlie counsell apjjoyntis the bailhe Johne
Bynnie and Patrik Thomsone and James Ker deacone to speak with the
said Johne Liddell agane Fryday and if the chirurgians neglect to fiU their
place the counsell will proceid to a new electioun on Weddensday nixt.^
[Baron baUie of Portsburgh quoad criminalia, James Alisone ; baUies quoad
civilia John Dickiesone, elder and Alexander Herroun.]
Taking to consideratioun the sad conditioun and heavie burdens of the [Burdens
of town.]
Toun and liberties therof quhilk thi-ew the iniquitie of the tyme doeth
daylie increase . . . thinlis fitt to send [a] missive to the Commissioners
at Dalkeith for their informatioun theranent and desyre all possible ease
and benefite of trade in EcUnburgh and Lieth conforme to their auncient
priviledgis . . . and to invite the said Commissioners to Toun . . . ^
9</i April 1652.
Appoyntis Johne Bynnie and Gilbert Sommervell to meitt with thes of [Reparation of
T^ T^- 1 1 1 , ■ 1 11 St Cuthberts.]
the West Kirk paroshe anent the stent to be imposed upoun the heretors
and vassels for reparatioun of the West Kirk callit S* Cuthbertis in the
roofe walUs windowis and kirkyaird dyk ... *
[Price and weight of bread : 12'* loaf of good wheat to weigh 8 oz. 4 drops ;
12<i loaf of the best masloch to weigh 11 oz. ; 12'' load of second quahty masloch
to weigh 13 oz. 12 drops.]
(Afternoon) Forsamekle as be informatioun from William Thomsone at [imposition on
Dalkeith the counsell is advysed to goe about the bussines of tlie collectioun
of the aught pennyes of the pyrit of wyne and sexten pennyes upon the
pynt of seek and strong watteris . . . conforme to the custome of exactioun
anno i™ vi^ fourtie njme and i™ vi^^ fiftie . . . appoyntis the baiUies to waitt
upon the portis one baillie ilk weike about with a deaken and four officeris
to sie the same coUectit and payit.*
' See pp. 271, 272 supra, and p. 277 infra.
- This probably refers to the difficulties with the English settled in Leith. From other
entries it appears that they refused to pay the ordinary dues and taxes, to the great loss of
the Town.
' The Kirk Session records show that much damage had been done by Cromwell's army.
" Nayther pulpit loft nor seat left therin and full of filthe ; nayther door window nor glass
left there and also the ruif ruinous by shotts of canone and muskett. . . ." Till the date of the
above act the church was not available for worship and the congregation met in the College
HaU. The repairs were partially finished in 1655.
♦ See pp. 193, 219 supra.
wine. J
276
EXTRACTS FROM THE RECORDS
[Leith aBaiis.]
[Canongate
jaU.]
12th April 1652.
The quhilk day William Thomsone and Johne Milne haveing reported
their diligence in pressing the particulars conteind in the paper produced
in counsell with the Commissioners at Dalkeith their answers in writt . . .
the counsell approved of their diligence and ordained James EiUies Johne
Jossie and Thomas Calderwood to pas to Lieth to morrow tymehe on the
morneing and to deall with the Commissioners of sequestratioun anent the
articles remitted to them . . .
Compeird Ancko Wilkie for the present kieper of the goale of the Canogaitt
and producit the keyis of the said goale fyve therof in present use and four
old rowsted kies with a sprint . . .
[College.]
[Right of trade
to woman.]
tCoUege
Principal.]
im April 1652.
Taking to consideratioun the petitioun given in be the first clas of the
colledge called the magistrands desjTing be reasone of their povertie quherby
they ar not able to stay all the ordinar tyme the paiicitie of their number
and severall uther serious and grave reasones to have the benefite to be
laiireat presentlie in a privat way [the CouncU grant their request and, with the
ministers, wiU attend the private ceremony that afternoon. No other class
may dissolve before the ordinary time].
Upoun supphcatioun presented to the counsell be Margaret Colquhoun
ordaines the dean of gilcl and his counsell to graunt a toleratioun to the
supplicant dureing her Ijrftyme to keip a trade of small things of her owen
handle craft . . .
19th April 1652.
[The Council and extraordinary deacons with the ministers Mr Hugh M<^Kell,
M"' Robert Traill, M' Robert Lowrie, M'' John Stirling, M'' George Hutchieson
and Mr Thomas Garvie being convened] the counsell taking to con-
sideratioun that the office of Primarie or Principall of the Colledge is
vacant and that for filling of the place the muiisters of the burgh wer
conveind on Fryday last qulio desjTed the bussines to be delayed till this
day in regaird they wer to advyse with some actis of GeneraU Assembhe
as they conceaved [regarding] the constitutione of Universities and CoUedges
Lykas tliis day they alledged ane act of Parliament daited the seven of
March i™ vi'^ fourtie nyne quhairby the members of Universities and
CoUedges sould be chosen be advyse of the GeneraU Assemblie and therfor
desyred the busines to be delayed tUl the same wer twa penyes plie [sic]
and weiU advysit Thairfoir the Provest baillies counsell and ministers have
thoght fitt to delaj^ the electione of the principaU till Fryday nixt and
OF THE BURGH OF EDINBURGH 277
that in the meane tyme they may consider of the act of Parhament
foirsaid . . . ^
2lst April 1652.
[Letters are to be sent to seven or eight of the pruicipal burghs with copies
of the Conservator's letter to the Counch that it may be discussed at their meeting
in the Town in August.] ^
Nominats James Davidsone formerlie jay lor of the Tolbuith of the [.i.iiiorof
Canogaitt to be continued in the exercise of his office so as he be subordinate Toibooth.i
to the Marshale generall of the EngUsh arinie dureing tlie continuance
therof in the brugli and jjrovyding sucli course be taken be the bailyies of
the Canogaite and tl:e said James Davidsone as the counseli be not burthened
with the chaii'ges in repauing of the Tolbuith. . . .
23rd Aj)ril 1652.
[Robert PargUhes is elected deacon of the furriers in place of Thomas Somervell,
protester.]
Appoyntis the baillie James Eillies and the dean of gild James Ruclieid [Xoibooth for
and James AUsone baiUie of the barronie of Portsbm-gh with James Broun °' " "^^ '
deaken of the cordiners to meitt and find out a way how they may get a
tolbuith in the barronie upon their owen cliairges.
[Thomas Leishman is elected old treasurer m place of John LiddeU, protester.
Adam Thomsone, deacon of the Hammermen is to be a deacon of Council in
place of David Kennedy, deacon of the surgeons, protester.
George Dunbar, servant of Sir WUham Dick of Braid is to be made burgess
gratis.
CouncU for 1652 : Provost, Archibald Tod ; Bailies, James Eilhes, John
Jossie, John Marjoribankis, Thomas Calderwood ; Dean of Chid, James Rucheid ;
Treasurer, [ ] ; ^ Council, Sir WiUiam Dick, John Bymiie, Patrick Thomsone,
David WUkie, Hew Hamilton, George Suittie, elder, Thomas Leishman, Andrew
Bryssone, Andrew Ramsay, George Suittie, younger, John Meikle, tailor, John
Mihie, mason ; Deacons, Gilbert Somervell, taUor, James Fairbairne, goldsmith,
James Ker, skumer, James Broun, shoemaker, Alexander Cleghorne, wright,
Adam Thomsone, hammerman ; Extraordinary deacons, Robert PargUhes,
furrier, Thomas Patersone, mason, James Bailhe, baker, David Duncan, flesher,
Patrick Cochrane, weaver, Thomas Storie, waulker, Francis Ker, bonnetmaker.]
Appoyntis the maisters of the hospital! at the fute of Lieth wynd to pay [Payment to
to Bessie Hutchiesone two hundreth merks money for bvganes and fourtie Trinity
•^ •'^ Hospital.]
' The vacancy was due to the death of Mr John Adamson. The act of Parhament referred
to {A.P.S. vi. (2), 240) was with reference to the College of St Andrews, but it was stated
generally that such places should not be planted except by the advice and authority of the
General Assembly. The Town Council appear never previously to have sought such advice.
" That business did not arise at the convention.
' Jolin Lauder was elected treasurer on 9th March, but cannot have accepted, for an
entry of 24th March (p. 274 supra), states that there was no treasurer for the time.
s2
278 EXTRACTS FROM THE RECORDS
pvmdis money quarterlie dui-eing liir lyftyme beginning the first peyment
at Beltan nixt. . . . ^
[C9Uege The counsell . . . eftk severall dayes delay did move that a Hst of
learning godlie and weill qualified men might be condiscencUt upon for the
office of PrimarshiiD . . . and according most pairt of the quhoU counsell
did aggrie upon the jDersons underwTittin . . . viz : M"" Alexander ColviU
Professor of [ ] m Sanct Androis M"" James Fairlie muiister at Lesswade
M'' Thomas Crawfurd ane of the regentis of philosophie and professoiu" of
the Mathematiques M'' William Colvin lait muiister of Edinburgh ^
M'' William Strauchen minister at Auld Abirdein ^ and M'' William Reat
minister at Brechin * Quhich list some of the ministers viz : M'' Hew M'^Kell
M'' Robert TraiU M'' Thomas Garvie and M"" C4eorge Hutchiesone did except
agains and thoght not fitt to give theh assent tlierto The said M'' George
Hutchiesone alledging in their names that the said M'' WiUiam Colvin wes
not in capacitie to be listed iiu'espect he wes deposed from his muiistrie
be the GeneraU Assemblie being the supreame judicatorie of the Kirk of
this land and that it is evident be severall actis of Assemblie and Parliament
viz. Parliament lialden 7 Martii i"" vi<^ and foiu-tie nyne and a former act
to the quhich it hath relatioun made in the first Parliament of King James
the sex act eleven quherm it is provycht that no master sail be admitted
to the coUedges without the visitors of the Khk find them qualified for the
said office ^ And that the said M"" William Colvin being deposed of liis
ministrie wes not rectus in curia And yet declahed that if he had not bein
deposed they thoght him a verie able and weill quahfied man for the place
Quherunto it wes answered be the Lord Provest that it wes incumbent to
the counsell of Edinburgh as patrones and parents to the CoUedge to use
all their indevohes for hstmg and electing the most learned godUe and wiell
quahfied man to their knowledge and that if any man so hsted and elected
be them soidd be fimd be thes m higher autoritie not to be capable of the
1 See pp. 231, 233 supra.
2 Mr William Colville had been suspended by the Assembly for not disowning the Engage-
ment (pp. 160, 186, 211 supra and Balfour, iii. p. 419).
^ See p. 157 for his election as minister in the Town, which took no effect.
' See Ibid. Another call which took no effect.
' The claim brought forward by the ministers had slight base and was contrary to
established use and wont. The act of Parliament referred to was based on a report by the
Commissioners appointed by the late General Assembly and the present Parliament, in which
they misquoted the act of the Parliament of James VI as stating that none were to instruct
the youth in universities and colleges, but such as were tried and approved by the rulers
of tlie Kirk (A.P.S. vi. (2), p. 240). The act quoted {A.P.S. iii. p. 24) orders " that all sculis
to burgh and land and all universiteis and CoUegis be reformit And that nane be permittit
nor admittit to have charge and cure thairof in tyme cuming nor to instruct the youth privatlie
or oppinhe hot sic as salbe tryit be the Supeiintendentis or visitouris of the Kirk." This
appears to refer to special and temporary examination, consequent on the Reformation, and,
in addition, the Superintendents referred to had no parallel in the existing constitution of
the Clmrch in 1649. •
OF THE BURGH OF EDINBURGH 279
place in that caice the lawes of the countrie would make that partie so elected
befoir his admissioun lyable to censoure Lykas he conceaved not that his
disposition [sic] from the ministrie not being for any error in doctrine or
scandal! in his conversatioun could make him uncapable to be a master
in the Colledge and the questioim being put to the voyces the counsell
thoght fitt that the said IW William Colvin sould be put in the hst Quher-
upoun the said M^" George for himselfe and in name of the thrie ministeris
abovenamed protestit agains the said list and the Lord Provest protestit
in the contrarie and for the counsell power and autoritie and they removeand
the counsell accordingUe proceidit to the electioun and they electit and
nominated Lykas be tliir presentis they elect and nominate the said
Mr William Cohn [sic] their lait minister to be Primar of the Colledge of
Edinburgh in place of M"" Johne Adamsone laitlie deceist . . . And ordaines
their clerk to prepaire missive lettres to be subscrivit be the saids Provest
baillies and dean of gild inviteing him to come with all conveniencie from
the place quher he now is in Holland and to be admitted as Primar of
the said Colledge . . .
30th April 1652.
The counsell haveing heard the report of Johne Bynnie anent the
bussines of the Canogaite and finding that eftir severall meittings they [Canongate
refills to condiscend any tiling without the counsell make offer to them
Quherfor the counsell resolves to exercise their owen lawfuU power and
withall continues the same quhill Fryday next the 7 Mail to try if the
nighbors of the Canogaite will yet supphcat the counsell for their owen
good befoir the counsell proceid therto and appoyntis Johne Bjainie to
acquaint them therwith and gave [sic] them this as the last advertisement . . .^
Mr Thomas Crawfurd M"" James Wysman M'' Duncan Foster M'' Andro
Suittie and M"" James Pillons regents compeirand in Coimsell anent their (coiiege regems
particular bussines of bygane stipends the counsell eftu- answer therto rnncipai.i
calhng to nijmd the lait electioun of M'' William Colvin Primar requjTed
of the saids regents quliat wes their judgement of the man Quho all un-
animouslie acknowledged that the said Mr William wes a verie able quaUfied
man for the place and for themselfis and ilk ane of them they had not the
best thoght of any exceptioun agains him except in the differance betuix
him and the Kirk.^
5th May 1652.
Compeired the committee of the counsell appoynted for rectifieing of [Cess roiis]
the cess roUis . . . and producit the new rollis subdivydit in sex ordors
• The business was t he matter of the control of the Canongate Council by that of Edinburgh.
^ See 23rd April supra.
280
EXTRACTS FROM THE RECORDS
[Leith.]
[Canongate
dispute.]
and classes as followes the 1. payand four pund thretten shilling four penyes
The 2. payand thrie pund thretten shilling foiu- penyes The 3. payand
twa pund ten shUluig The 4. payand ane pund aught shilling The 5. payand
fourten shilling sex penyes and the sext subdivlsioun to pay aught shiUing
monethhe.^
[The Council consent to the act of St Cuthbert's session, dated 4 July 1651
anent the calling of M"' Patrick Sibbald and augmentation of his stipend.
The dean of gOd is to admit John Hendersone, slater, to be burgess for the
old duty, and to make terms with him for doing the Town's work.]
12th May 1652.
Forsameikle as Sir George Seatoun of Hailes Knight . . . did exhibite
and delyver a letter of reversioun concerning the Toun of Lietli the counsell
acceptit the same as a courtisie and doe hierby agrie that the said Sir George
and Robert Seatoun his sone M'' David Broun and Alexander Johnston n
their servitors be admitted . . . burges and gUdbrother of this brugh in
communi forma gratis And ordaines their clerk to . . . bulk them in the
new lockit gild bulk . . . And ordaines the dean of gild to be at expensis
of his foiu" houris. . . . ^
The counsell haveing considerit the report of the committee appoynted
for considdering quhat is fitting to graunt to or requyre from the Canogait
anent the present differences betwixt the coiuisell and them and being
desyrous that the differences be composed Thairfoir eftir mature delibera-
tioun the counsell for setling and composeing thes differences doe resolve
conclude and agrie upon thes follo^ving articles First that the coiuisell of
this brugh now superiours of the Canogait sail choose the baiUies of the
brugh of the Canogait yeirhe in aU tyme comeing ather out of the burgesis
of tliis brugh or out of the burgesis of the Canogait as the coiuisell of this
brugh sail think good Secundo that the counsell of the Canogait consist of
the twa baiUies of the Canogait and thretten persons biu-gesses of the
Canogait and that thes thretten persons sail be chosen be the counsel! of
this brugh yeirUe out of a hst to be given be the counsell of the Canogait
consisten of sexten persons and of thrie more to be addit by the counsell
of this brugh making m all nynten persones And this ordor to be observed
in aU tyme comeing onhe for this present yeir the counsell of this burgh to
choose the said thretten persones without a hst quho with the present baillies
• See p. 264 supra and note 2.
2 It is possible that this may be the letter of which a draft is among the City manuscripts.
The draft is incomplete ; the sum of money payable for the reversion is not filled in and the
date has not been added. But Sir Simon Preston, mentioned in the reversion as Provost,
filled that office from 1565 to 1569, and the reversion probably bore date approximately the
same as the charter.
OF THE BURGH OF EDINBURGH 281
ar to be the counsell of the Canogait this yeir ThridHe tliat all the burgesses
of the Canogait be admitted and sworne be the bailhes of the Canogait in
counsell and that all the compositiouns for the same belong to the good
Toun and be listed and resaved be the baillies of the Canogait and they to
be comptable for the same to the counsell of this brugh Finallie if the
nighbors of the Canogait be not content with thes foirsaid thrie articles
eftir intimatioun maid to them the counsell will proceid to the electioun
of a thesaurer and will appoynt the baillies to admitt burgesses And they
to be comptable to the counsell of Edinburgh for their intromissioun . . .
Uth May 1652.
Ordames their Clerk to wrytt a letter of excuse in answer to Wilham [Town debt.)
SommerveU his missive quherby he craves payment of four thowsand
merks and twa yeirs annuelrent dew be the Toun to him inrespect of the
Touns present inabilitie . . .
[The following persons are to be admitted burgesses and gUd brethren : Sir
John Hope of Graighall,'^ Sir James Hope of Hopetoun by right of his late father,
Sir Thomas Hope, in most ample form ; John Swyiitoun, younger, of that ILk,"^
Col : Wilham Lockhart, younger, of Leyis,^ John March, Esquire ^ George Smjrth,
esquire, judges, ^ Lieut. Col. Timothy Wilks, deputy governor of Leith, Lieut. Col.
[ ] Cottrell, M'' John Thomsone, Auditor general, Henrie Wlialey, esquire,
Judge advocate, Capt. Richard Clistoun, governor-depute of the Castle, Edward
Matthews, Marshal general, John Campbell, servant to Lord Craighall, and
Alexander Taitt, servant to Lord Hopetoun, all gratis ; the servant of Judge
Smith, the servant of Judge March, Wilham M<=Hendrie and Alexander Cornuell
servants to Judge Swintoun, John Scott, servant to Judge Lockhart, Ralph
Edgertoun servant to Judge Moslcy,i [ ], servant to Judge Owen,i [ ]
servant to the said John Thompsono, esquire, William Rae, writer in Edinburgh
and servant to Captain Ch.stoun, Thomas M<'Kie, tailor, m the Canongate, at the
desire of the Provost, Richard Hudsone, John Little and John Foster, macers,
WUham Reny, at the earnest desire of M' Downame and Col. Lilbiu-ne, to be
burgesses gratis.]
2lst May 1652.
Forsameikle as be act of counsell of the tuelff of this instant the baiUie [Canongate
Johne Bynnie wes ordaned to intimat to the nighbors of the Canogait thrie
articles therin conteind under certificatioun that if they wer not content
therwith the counsell would proceid to the electioun of a thesaurer and
' These persons wore j udges in the courts for the Administration of Justice to the people
of Scotland, set up by the Commonwealth government and continued under the Protectorate.
Their appointment was recent. NicoU in his Diary records on 18th May 1652 that they
" sat down in judgment in the Parliament House, gairdit every day with a number of
sodgeris." He also notes that on the second day of their sitting the Provost and baiUes
appeared before them in their robes and made faith de fideli administratione. Apparently the
gift of the freedom preceded the sitting of the judges.
282 EXTRACTS FROM THE RECORDS
would appoynt the baillies to aclmitt burgesses . . . and haveing heard
the report of Johne Bjmnie that they doe not inclyne to consent to the
saids articles Thairfou- the counsell proceids to the electioun and doe
hierby elect and nominat James Gib to be thesaurer of the Canogait for the
remainder of the yeir to come and ordaines the baillies to admitt burgesses
with full power to them to meddle and intromet with all casuahties and
dewes quhilks were intromettit with be the present counsell of the Canogait
heirtofor and to doe everie thing that the said counsell wer in use to doe
and the saids bailhes to be comptable to the counsell of tliis burgh for their
intromissioun. . . . ^
28th May 1652.
[Quartering Taking to their consideratione of the great straits they are drawne to
be great sowms of money quherwith the Collector appoynted be the Enghsh
officers for the monethlie assessments doeth chairge them as arriors unpayed
which the Collector affirms must presentUe be payed to the thesaurer dej^utie
of the armie and that the baillies this tyme bypast hath used aU fair meines
and endevors to gett the same uphfted . . . Nevertheles quherof a great
manie of all sorts of inliabitantis refuise to mak payment of the said arriers
quherby the commoun guid of the Towne may be much indangered without
some remedie be provydit Thairfoir . . . ordaines the baiUies to repaire
unto the commanders of the guarisone and be their ordor or concurrance
that souldiers be quartered upon the deficients till the samyne be pajat
ane that the souldiers remaine in the houses in frie quarter.^
4th June 1652.
[David M'^Gill, treasurer of the College, is to pay to the regents 1,000 marks
between them, as the the first part of their arrears, and to borrow if necessary.]
IQth June 1652.
[Mills.] Forsameikle as the rowping of the commoun milnes at Mertimes i™ vi''
foiu-tie n;yme Johne Dick burges of this brugh did tak of the good Toun
' This act was recorded in the Acts of the Bailies of the Canongate on 21st May. The
Hammermen of that bm-gh on 20th May resolved as follows : " Annent the desire of the
towne of Edr toward the discrepancies betwixt them and the towne of the Cannogate and
anent the submission craved be the towne of Edr to yeild all obedience to their demands
thereanent as also in the mater of the act relative of the said deacone to be counsellor in the
Camiogate After consideration and examination with voyceing about of the trade conveenit
They all in ane voyce disclame dissasent and pass frae the whole substance conteenit in the
two decreits from Edr coimsell are wherof daited the twelf of May another of the nynteenth
of Maij for the reasons conteenit in the twa severall decreets and to saiff the trade and their
Buccessours from present and future perjurie therin."
- The Burgh Court Book (MSS.) shows the liabilities for quartering in various cases
brought against the inhabitants at this time.
OF THE BURGH OF EDINBURGH 283
the dewties of the halls and meilniercat for the yeu- to come and that the
nixt day eftu: he did tak the same it came to his knawledge that the Provest
and bailHes had ordered the baxters and maltmen sould not pay any dewtie
as of befoh for tlieir stuffe boglit at Leith or elsqidiair not comeing to the
mercat or halls quhich of befou' did pay altho it came not to the said hallis
Theirupon the said Johne Dicke repaired to the Provest and baiUies and
shew them of his wey of taking the saids halls wes upon the same termes
David Melvin had the same Qiiherujion he desyred to be frie of the tak
quliich he could not hold unles he had aU the dewes therof for the quhilk
overgiveing he wes incarcert in waird and being their he wes ordored to
goe on in the chairge upon some promises of defalcatioun Quhich being
knowen to the committee appoynted be the counsel] . . . anent the
coUectioun of the tliesaiurer rests the said Johne Dick compeirand befoir
them did give in ane accompt of aU tliat lie had collected of the dewties
of the haUis But tlie committee refuised to take notice therof for the tyme
And finding that the said Jolme Dicke had not collected fra the baxteris
of tills brugh the dewtie of twelf jienyes of illv bag of quheat ground at the
mihies natlier had he collected from the maltmen of this brugh Leith
Westport and Potterraw the lyk soume for ilk bag of beir maid malt of
be them Thairfoir the counsell gives power and warrand to the said Johne
Dicke to collect the saids dewties fra the baxteris and maltmen and to be
comptable theu'for to the good Toun and the baillies of tliis brugh ar to
convein befoir them thes qulio refuis and to cans them mak peyment as
is abovewrittin.
[After filling nine vacancies of members temporarily absent, the Council elect
Edward Edgar to be Dean of Gild in place of the late James Rucheid.]
IStJi June 1652.
[A letter is produced from M'' William ColvUI in Utrecht announcing his
wiUingness to accept the office of Principal.] ^
2-ird June 1652.
Ordanis a proclamatioun to pas threw this brugh and liberties therof [Fast.]
be towk of drum for helping of a soleme fast and humiliatioun for the
great drowth portending the plaigue of famine tlirew the provocatiouns of
the land And to dischairge the keiping of mercat open booths chops tavernes
and cellars under such paines as the Magistrats sail injoyne and displeasoure
of the Almightie above all.^
» See pp. 278, 279 supra.
2 The summer was remarkable, according to Nicoll, the diarist, for dry, warm weather.
The crops were very Ught and harvest commenced in June.
284
EXTRACTS FROM THE RECORDS
[Judge
Advocate.]
[Tron Church
roof.]
Appoyntis Jolme Scott master wright to big a studie in the Parliament
hall with his owen timber for the use of the Judge advocat . . .
Appoyntis Johne Foster to bring doun the old aiken timber out of the
kirk of the Castlehill for repairing the roofe of the kirk at the Trone.
25th June 1652.
[Weavers.] Forsameikle as [five] wivers burgesis of this brugh being incarcerate
within the Tolbuith of this burgh for forceing the clerk of the calling in
absence of the deacone of the craft to mak ane act contrau to ane lawfidl act
formerhe done be the deaken and the rest of the friemen of the said craft have
tins day petitioned the counsel! and acknowledged their faults and submitted
themselves to give satisfactione to the deaken in presens of the counsell
Thairfor the coiuiseU hath been pleased to give ordor to pardone the said
faidt and liberat them out of prisone And for their fiu'ther satisfaction
ordains the bailyies Johne Jossie and Johne Bymiie Gilbert Somervell
and James Ker to sie the aforsaids parties on Tiu-sday nixt to meit with
the haiU craft and thair to sie the forsaids j^ersons ask pardone of their
deakone in presens of the bodie of the craft . . . and quliairas John Bryssie
another of the said number be reasone of his obstmacie will not acknowledge
his errour nor joyne with the aforsaids petitioners in that submissioun
Thairfor ordanis him to be keipit in prisone till he give the Provest [and]
baillies satisfactione.
31s< June 1652.
Litiechope Finding it conveiiient and profitable for the Common Guid to build a
Kirk. ^ htle chope as a toofald to the great church and haveing remitted the
visitatione therof to James EUlies George Suittie Alexander Cleghorne and
Johne Meikle And the saids visitors haveing maid rej^ort that they thoght
the sowme of fom'scoir merks a competent pryce for making up the chope
with a loft therunto Quhilk report the Counsell approves and ordains
Johne Kniblo collector to pay the one lialfe in hand and the uther efter the
finishing of the warke.
For suppucat- Ordanis the baillies John Jossie and Thomas Calderwood with Jolme
sioners'ofLeith Meikle to jjas to Leitli on Fryday nixt and to speake with the Commissioners
Touns debt. at Lcith aueut the sunuuons be them sent to the Counsell for peyment of
the sowmes of money principal! and annuehents and to supphcat the saids
commissioners for such things as they conceave as the towne is prejudged
m.
[Orkney.]
Taking to their consideratioim the prejudice they suffer by the seques-
tratioun of the Bishoprik of Orkney gives warrand and commissioun to
' See note to p. 361 infra, to which incident it is probable the above entry refers.
OF THE BURGH OF EDINBURGH 285
Robert Murrey kirk thesaurer to compeii- befor tbe right honorable the
Commissioners at Lieth and to show them that the saids rents belong unto
the Common Good of Edinbm'gh for peyment of then- ministers
stipends. . . . ^
2nd July 1562.
Grants deputatioun dureing the Counsels pleasoiire to Jolm Gilbert [Leith
^ c> X- sasines.]
in absence of M"" Patrick Mawer clerk of Leith for giveing of seasings quhen
occasiomi sail offer the said M'' Patrick being answerable for him. . . .
7th July 1562.
[The CouncU and extraordinary deacons being assembled] Forsameikle Citatiouu
as be act of the sexten of June last Edward Edgar was chosen to accept of Dean end.
the place of Dean of Gild and that report is made to the counsell be the
bailyies that he refuiseth to accept therof Thaii-for ordains James Billies
bailyie to cite the said Edward Edgar to corapeir the nixt counsell day
and to accept the said office with certificatione.^
Appovntis the baillies James EilUes and Johne Jossie with Gilbert suppucatioue
II 1 11 Commissioners
SommerveU to meet and draw up ane accompt of revenues reall and casuall Touns rent
^ ^ of Leitli.
of Leith and to make a petitione to be presented to the Commissioners at
Leith that the Counsell be repossessed in the saids rowmes to the intent
they may be enabled for peyment of the annuelrents alsweill of moneys
acclaimed be the saids commissioners addebted be the guid Towne to the
senators of the Colledge of justice as of uther moneys addebted to utlier
creditors.^
Ordains Johne Tailfier to pay to Allane the lockman threttie two pounds [Lockman]
conforme to the accompt subscrived be Johne Foster.
\Uh July 1652.
[An account is rendered of the sums uncollected by previous treasurers and
of the reductions made in tacks of the Common Good for tlie year 1650, for losses
sustained by the tacksmen owing to the coming of the Enghsh army.]
\Uh July 1652.
[The Council and extraordinary deacons] ordains commissioun to be [Toim Affairs.]
exped for Williame Thomsone to repair to Londoun or elsquhair to agent
the particular bussines of the brugh of Edinburgh.
' The gift of tlie Bisliopric had been sent to the Commissioners at Dalkeitli already. See
p. 270 supra.
- See jj. i!S3. ' See preceding page.
286 EXTRACTS FROM THE RECORDS
iTown Affairs.] [A committee of seven members] or any fyve of them to meitt with
Wilhame Thomsone and to condiscend everithing that may be fitt to be
done befoir his goeing to England.
I9th July 1652.
Ministers [The Councll and extraordinary deacons bemg assembled] Compeired M'' Hew
."."com-"" M'^Kell and M'' Thomas Garvie ministers and declaired to the Counsel! that
u'e Tssembnc. quheras the brethren of the ministrie of this brugh wer wairned to come
to the counsel 1 this day and to bring ^\-ith them their ruleing elders to the
intent commissioners might be chosin for the Generall AssembUe The said
M'' Hew and M'' Thomas declaired that their bretlu-en wer not yet weill
satisfiet anent the concurrance with the counsell in the said electioun
and theirfor desyred the bussines to be continued till to morroM' at ten
acloak being Tuysday the twentie of this instant Quhilk desyre the counsell
assented to and the saidis M'' Hew and M'' Thomas promised in name of
their brethren to compeir at the said tyme with their ruleing elders.^
20th July 1652.
[Commissioners [The CouncU and extraordinary deacons being assembled] Compeired
Assembly] M'' Robert Lawrie minister and M"" David Heriot from the brethren of the
ministers of tliis brugh anent the electiomi of commissioners for the Generall
Assembhe and exhibite to the counsell ane act of the Generall Asserablie
daitted the [ ] day of [ ] quherby it appeared that the ministers
and sessioners wer ordie consenteris to the electioun and that theirfoir
the bretliren thoght it not expedient at this tyme to compeir Quhich bemg
debaitted the counsell gave ordour to the baiUie Johne Jossie and Gilbert
Sommervell with their clerk to repair with the said M^ Robert and M"" David
to the remanent bretliren of the ministrie and to declaire unto them that
the counsell thoght fitt to requyre their compeirance to the said electiouii
and to take instruments incaice of their refuisall Qidierupoun the saids
persones did goe but fand the ministers removed befou' the returne of their
or the counsells commissioners And theirfoir the counsell thoght fitt to
proceid to the electioun and did accordinglie elect Joline Bynnie merchand
and James Ker deaken of the skimiers . . . and ordaines commissioun
to be exped to them for that effect and the samen to be direct to the ministeris
1 The ministers and the Town Council were at variance. According to NicoU, the ministers
accused the Council of having broken and renounced the Solemn League and Covenant by
swearing allegiance to the Commonwealth " and so declared them abjured apostates." The
Council, on the other hand, " being heichlie discontent thairwith, sent for the Ministrie, and
threatned thame for thair speechis, and thairwithall desyred ... a moir sparing way in
their speechis . . ." {Diary, p. 87).
OF THE BURGH OF EDINBURGH 287
to be subscrivit be them and iucaice of theii* refuisall instrumentis to be
gevin therupoim.
At the Colledge of Edinburgh.
The quhilk day Archibald Tod Provest James Billies Jolme Jossie [CoUege com-
. missioner to the
Johne Marjoribankis Thomas Calderwood bailies Patrik Thomsone David Assembly.]
Wilkie Hew Hamiltoun George Suittie elder George Suittie younger
merchands Together \vith the deakens of crafts Gilbert Sommervell of the
tailyeoris James Fairbairne of the goldsmiths Adam Thomsone of the
hammermen Alexander Cleghorne of the wTights Professoris ministeris
regentis M'' Thomas Crawfurd M'' James Wysman M^' Duncan Foster
M'' Andro Suittie M'' James Pilloims The ministeris being wairned and
not compeirand being conveind in comiseU The counsel] and Regentis
above\vTitten being conveind betwix eleven and 12 in the foirnoone within
the Colledge for electioun of a commissioner to the General] Assemblie for
the Colledge haveing called on the name [of God] and the rolls being called
the professor of divinitie and haill ministers wer fund absent notwithstanding
all of them wer wairned to the meitting And therfor the counsell with advyse
of the regents thoght fitt to continue the dyett till 2 in the eftirnoone And
that no faire mein might be omitted ordained that the saids ministeris and
Professor soidd be againe wairned be the janitor of the Colledge . . .
[Being met again in the afternoon and finding the ministers and M"' David
Dick, professor of divinity stiU absent, they proceed to elect the said M' David
Dick commissioner to the General Assembly.] ^
•22,rd July 1652.
Appoynts M' James Nairne to be keejjer of the bibUotheque in place [Liiimriani
of imiquhile M"" Francie Adamsone. . . .
Appoynts to be commissioners for the tretie and unione with England [Commissioners
to conveine hier upon the twelff of August with the Commissioners of shares
and burrowes Jolme Jossie for the merchands and Johne Myhie for the
crafts. . . . ^
[George Suittie is elected dean of gild.]
• Mr David Dick, or Dick.son, was a Resolutioner and, as such, acceptable to the Assembly.
He was Moderator of the Commission of Assembly in 1652 and 1653.
- This meeting is recorded as a General Convention (Record Convention Royal Burghs, iii.
pp. 358-65) held in obedience to the declaration of the commissioners of the Parliament of the
Coimmonwealth of England. The members voted £1,000 sterling for the expenses of their
delegates to England, to the Commonwealth Parliament. They were due to meet in London
in October for discussion of details of the Union.
288
EXTRACTS FROM THE RECORDS
[Petition,
Grammar
Scliool.]
28<A July 1652.
Taking to consideratioun the supplicatioim presented to them be the
doctoris of the gramer schooll for peyment to them ... of the soume of
ane hundreth pounds be yeu" for their fiall conforme to ane act of counsell
of October i°^ vi*^ fourtie nyne the comisell restructs the former act to the
old pensioun at 50 merkis be yek to illc doctor for this yeir and m tyms
comemg dureing the counsells plesoure. . . . ^
[Debts of
Sir William
Dicli.]
New pryce
burges and
gildslupp.
mth July 1652.
[As Sii- WiUiam Dick owes to the Town 3,972" 2^ 8", including 533" 6^ 8"
for his extent in 1648 and 1,100" for his extent in 1649, besides sums due upon
bond to the treasurers of the CoUege and Hospital, a committee is to] repaire
to Sir William Dicke and to demand peyment of the soumes abovewritten
and if thair be any thmg dew be the good Tomi to the said Sir William . . .
that they take insjjectioim thau'of and report . . . that accordinghe qidiat
is dew may be defalked to the said Sir WiUiam and money or secm-itie
gotten fra him for the snijplus he will be owmg to the good Tomi CoUedge
Hospital and thesam'er of the kirk rents. . . .
2>lst July 1652.
[The gift of the clerkship to William Thomson is recorded, with the regulations
to be observed by him.]
Uh August 1652.
Taking to their consideratioun the great hurt and prejudice sustenit
from tyme to tyme be the burgesis and gild brethi-en threw the usiu-patioun
of imfrie tradderis who tak upoun them to exerce the trade of frieman
and not being lyable to tlies burdens qulierunto friemen ar And considering
withall how in the tyme of thes lait troubles all sort of jieoijle have repaired
to this brugh for shelter and have taken ujDoun them all sort of tracUng
at their pleasour for the quliich they ar all lyable not onlie to great fyiies
and peymentis of somnes of money for theu" fault of usurpatioun of the
said priviledge in their persons and imprisoned conforme to the actis of
Parliament and lawis of this countrey Yet nevirtliles to the intent that
nether the gildbrethren nor biu-gesis may be fm-ther ^^Tonged in their
liberties nor the stranger have occasioun to complein of hard deiUing bot
that it may be manifest how tender the good Toun is towardis all such
qulio have suffered m thes lait tymes Thah'foir they have thoght fitt at
this present to mitigat the pryce of burgesliip and gildship to all such as
sail upon the pryce eftirspecifiet be admitted therto betwix and the tw'entie
' See p. 217 supra.
OF THE BURGH OF EDINBURGH 289
njiie of September nixtocum That is to say quheras the piyce of burgeshiij
vves formerhe eight scou- pounds money and the pryce of the gildship twelff
scoir pounds making together the soume of sex hundreth merkis money
the saids Provest baillies and counsell liave now (for the encouragment and
ease forsaid) statute and ordained . . . that all such unfrie men qulio
resorted to this Toun in the tyme of thes lait troubles sail be admitted . . .
at a thrid part les pryce then formerlie wes in use and custome to be payit
viz. the somne of eight scou* merkes illi biu-ges and the soume of twelff scoir
merkis ilk gildbrother extending both to the soume of four hundreth merkis
with the ties and uther small dewes usit and wont With certificatioun alwayis
that if from hence fiu'th they sail take upoun them to sell wyne or aill or
buy or sell any other sort of merchandice to the prejudice of the said
burgesses and gildbrether befoir such tyine as they sail obtein tiieu libertie
as is afoirsaid m that caice the Provest baillies counsell and deakens of
[crafts] will proceid agains them with all rigor. . . . ^
Uh August 1652.
Having taken to consideratioun the bill presented be Patrick Cumiing- [a ™tier made
hame cutler to be admitted burges gratis in respect tlier is none of that ^^"^^'^
trade in the Towne and that the deacone and masteris of the hammermen
ar willing to admitt him [the Council grant his request.
At the desire of the Provost, his servant, John Hamilton, now ready to be
married, is to be admitted burgess and gUd brother gratis.]
iWi August 1652.
Graunts ease to Alexander Bartleman of the dewtie of the cropt i™ vi^ [Crops
fourtie eight of thes aikeris of land at the lijjper hous destroyed be the '''^^*'^°^'"^'
westland armie. . . . ^
18«/i August 1652.
[The accounts of Patrick Tailfeir, treasurer to the kirk sessions for 1650,
show a charge of 42,116" 18^ 4" and a discharge of 42,447" 16^ 8<i.]
mth August 1652.
[Collectors are appointed] of the vohmtar contributioun for the supjiort Ifire in
of the Toun of Glasgow and help of their great distres by the lait fyre. . . .*
1 See p. 130 supra. 2 ggg pp_ 152.4 supra.
' This fire occurred on 17th Jvine. " The far best part of the fore streets and most
considerable buildings were burnt, together with above fourscore lanes and closes, wliich
were the dwellings of above a thousand families, and almost all the shops and warehouses
of the merchants, many whereof are near by ruined " (Nicoll's Diary). It was said that
one thousand and sixty houses were burned. See Extracts from the Records of the Burgh of
Glasgow, 1620-1662, and Scotland and the Commonwealth, p. 359.
T
Glasgow.!
290
EXTRACTS FROM THE RECORDS
[Commissioners
for Common-
wealth
Parliament.]
[Bond by
Town jailor.]
25th August 1652.
[M'' James Baird, advocate, is to be admitted burgess and gildbrother gratis.]
Compeird Bailjae Johns Jossie and Johne Mibie commissioneris laitlie
appoynted to meit with the deputties of schyres and bnrrowes for electing
of twentie one commissioners viz. fourtein for the barrouns and sevin
personns for the borrowes conforme to the declaratioun of the Commis-sioners
of the Parhament of England and produced the Borrow buik and read
over the haill actis maid at this last conventions and gave ane accompt of
their owen cariddge wliich the counsel! approves and gave them thanks
for their deUgence.^
Compeird Robert M^Ken master keiper of the goals and produced to
the counsel! ans band sul^scrivsd be him selfF as princijiall and ans con-
sidsral)!s numbsr of noblemen as cautioners for him in his faithfull
performance of his dewtis. . . . ^
[Money for
Thomson.]
21th August 1652.
[A committee is to meet with the ministers anent the arrears of their stipends.
John Hilston, late treasurer, is to collect arrears of extents for 1646, 1647,
1648 and 1649. Among those unpaid are Lord Warriston's amounting to 263"
for the three years. One man, Thomas Reny, owed 700" for the two years
1648 and 1649. In consideration of his great losses, the Comicil reduce it to
700 merks. Sir John Smith for 1649 owes 113" 6" 81.]
Forsameikle as the counssll hath appoynted WiUiam Thomsons Clsrk
to gos to England as agsnt for the bm-gh and that it is necsssar hs sould
prsssnthe putt in rsadinss and for that effect that hs be furnished with
sufficient sowmes of money for prosecuting the publict affau-es of the toun
for which he is to be comptable Tliairfoii' ordaines the bailyie Joluie Jossie
to dshver to the said Williams Thomsons sutch publict moneyes belonging
to the tomi as he hath in his hands that the said WiUiam may take coiu-se
for spsidis rsmitting the same to Londons or elsquhair at his discrstions. . . . ^
[Robert Thomsone is to be admitted burgess and gUdbrother gratis. James
WUsone, merchant, is to be gildbrother gratis.
John HUstoun is to collect arrears of extents from a further Ust of persons.]
2nd September 1652.
[John Nisbet, merchant, is to be admitted gildbrother gratis] in part of
payment of the annuekent dew bs the good Toun [to] him and his spous. . . .
1 See p. 287 supra. • See p. 274 supra.
* The commissioners of the burghs invited WUliam Thomson to assist their commissioners.
OF THE BURGH OF EDINBURGH 291
8th September 1652.
[Patrick Douglas, servant of Archibald, Earl of Angus, is to be admitted
burgess and gUdbrother gratis.]
nth 8ej)tember 1652.
[James Butter, servant of WiUiam Thomson, is admitted depute clerk.]
22nd September 1652.
Haveing taken to their consideratioun the supplicatioun of Robert [BaUie
Wilkiesone messenger and Johne Wallace Toun officer lying in prisone at and escape of
the instance of Thomas Calderwood baiUie for suffering George Leslie to
escape furth of their hands eftir he wes apprehendit be them iipoun lettres
of captioun at the instance of Sir James Stewart of Kirkhill knight And
eftir serious examinatioun of the haill bussines both be the parties and
witnesis they find that the baillie both in geving out his warrand for
concurrence and diligence eftir the escape of the prisoner did behave himselff
faithfullie as became a man in his office and that his imprisoneing of the
supplicants wes reallie for the good and behove of the said Sir James
Notwithstaziding quJierof (as the baillie informes) the said Sir James takis
no notice of any deligence be him done in apprehending and punishing the
parties tlirew quliois fault the prisoner escaped bot intends (if possible) to
mole.st and trouble the said baillie and to make him lyable for the soume
acclamed quhich would be of most dangerious consequence to all magistratis
since never at any tyme a baillie wes obliest to more in the matter of
concurrence then to command and give order to the officers for that effect
And thairfor they find themselffis in all conscience and law obliest to defend
the baillie in this caus being of publict eoncernement and incaice tlie said
Sir James Stewart sail wTongfuIlie offer to persew or molest the said baillie
in the caus afoirsaid ordaines the Provest baiUies and counsell of this brugh
and theu' successoris (if neid beis) to coneure with the baillie in his defence
and to take advyse of . . . theii' assessoris and imploy their agents to the
effect forsaid and in the meintyme becaus the said Sir James hath not
pershewed the forsaid petitioneris thairfor ordaines the said baillie Thomas
Calderwood to put them to libertie they finding sufficient cautioun to enter
themselffis againe in prisone at command of the baillies quhensoever they
sail be thairto requyi'it.
Grantis testificat to James Durie merchand . . . testifieing that he [Testimonial,
haveing trade and handling in the eastard and haveing sent out of Amsterdam EngUsii.j
and Dimdie twelff ship pound of wax to Bilbe and haveing the retiu-ne
thau'of comeing bak to Amsterdam of Spanish wooll Quhilk wes taken be
292 EXTRACTS FROM THE RECORDS
the States shipps of England in Julij last or thairby to the value of twa
thowsand peice of eight and haveing ane agent lying in England Lnterceiding
for recoverie thairof Testifieing that he [is] ane of the burgesis of this brugh
ane old man of thriescoir sex yeiris haveing a charge of seven motherles
children and that the samen is the greattest part of his stock and beeing. . . . ^
[The baihes' accounts of the fines for the year 1649 to 1650 show a charge of
170" 12^ and a discharge of 1,140" 7^ 8".]
28th September 1652.
Anentthe [The CouncU with the following ministers, M' Robert Traill, M^ Robert
Si"end" Lowrie, Mf Johne Sterling and fifty-three neighbours named with others
unnamed] takeing to their serious consideratioun the hard conditioun of
the severaU ministeris of this brugh tluroAv the not peyment of their stipends
in thes hard tymes have of their frie and voluntar accord condiscendit
imanimousUe and hierby ordaines that all such nighbouris as have advanced
the annuitie of this mstant yeir of God i™ vi^ fyftie twa yeiris as it wes
reaU charitie so that it sail be accounted a mire gratuitie and that they sail
nevertheles be obHest to advance the amiuitie of this instant yeir of God
for the better inabHng of the coimsell to content the ministeris so farr as
in them leyes.
The same day the haill nighbouris unanimouslie desyred that the Lord
Provest sould acquaint the ministeris ^\^tll thes propositiouns following
and to report their punctual! answeris thairanent upon [ ] nixtocum
1. Quheras the nighboris thinks that the old stipend of twa thowsand tM'a
hundreth merkis yeirUe is a competent stipend that they will declare
quhither they will be content thairwith or not 2 That qulieras thes four
yeu'is bypast they have not had the use of the Sacrement of the Lords
Supper that thairfoir the ministeris would condiscend on the tyme quhen
thes qidio tlu-ist eftir it and agains quhom thair is no just exceptioun may
have the benefite thairof.^
29th September 1652.
[The accounts of Thomas Calderwood, kirk treasurer for 1648 to 1649, show a
charge of 33,914" 14^ 3* and a discharge of 33,390" 16' 7^.
The accounts of John Forrester, collector, for 1650 to 1651, show a charge
of 3,110" 8^ 4'i and a discharge of 3,186" 4' S'\
James Thomsone and Robert Grahame, brewers are to be admitted burgesses
and the dean of gild is to repay 20 merks of the duty to each man.
1 It should be remembered that England was at war with the Dutch. Hence a ship
bound for Amsterdam was a legitimate prize of war.
^ This was not to be celebrated tUl 1655.
OF THE BURGH OF EDINBURGH 293
John Forrester, servant of the Town, is to be admitted gildbrother. The
dean of gild is to repay him 100 merks as a gratuity for the pains taken by him
for three years past ua the Town's affairs.]
Ordaines the Provest baillies dean of gild and gild counsell to admit riiaior Holmes
and resave Major Abrahams Holmes to be burges and gildbrother of this giid.]
bm-gh in communi forma.
1st October 1652.
[Wilham Ramsay, son of Captain Ramsay in Leith, is to be burgess and gild-
brother by right of his father.]
27id October 1652.
The counsell being informed be William Tliomsone their clerk that in [Alteration of
his long subscriptiomi of seasings ther war wont to be certane words as lie sasines.j
conceaved superfluous and impertinent viz thes {una cum appensiojie sigilli
ballive in signum execiitionis sui officii is m Englislie together with the
apensioun of the saids baillies seal hierto in taken of the executioun of his
office) inregaird that the appensioun of the said baillies seall hath bein
quyte out of use in this burgh past memorij of man For the quliilk caus
he tlioght fitting ... to omitt and hold out the saids superfluous word
and to that effect desja-eing that the saids Provest baillies and counsell
would be their act graunt a di.spensatioun for the same. [The Council
consent to do so.
Since the Town is indebted to John JVIihie, master mason in 1,200 merks,
the balance due for repair of tlie steeple and also 5,880 merks for the stone work
of the fortifications of Leith at the sea, the dean of gild is to pay the former
sum and the latter is to be payable at Martuimas next.]
5th October 1652.
[Election of the magistrates.]
6th October 1652.
[John Byiinie is elected baron baUie of Broughton and baUie quoad criminalia
of the Canongate. He and James Gib are to be bailies of the Canongate quoad
civilia. Alexander Mathie is elected treasurer there.]
8tk October 1652.
Compeird George Suittie dean of gild and presented a list of the burgesis [Burgessps- anri
and prenteisis buikit be him in the tyme of the trouble desji'eing the booking'^'^''
counsell to ratifie and approve the same to the effect they may have their '^'" ^ "
friedome and libertie as if the court had bein sitting [The list follows. The
Council do as he requests].
t2
294
EXTRACTS FROM THE RECORDS
(Col : Overton Ordainos the Proves! baillies dean of gild thesaurer and part of the gild
freenTen.f^ counseU to admitt and resave Colonell Robert Overtoun and ColoneU
Charles Faufax and Johne Smji:h EngUshmen to be burgesis and gildbrether
of this brugh in commMm/orma. . . .
[Order for
payments to
William
Thomaon.1
Uth October 1652.
[The Council and extraordinary deacons] Forsameikle as be act of counsell
of the first of September last the Provest baiUies and counsell did appoynt
William Thomsone Clerk to goe to England as agent for the brugh and lies
graunted to him ane ample commissioun to that effect and sieing the
expensis of his jom-ney and imployment doubtles will be great Thairfor
ordaines the present and lait thesavu-eris and collectoris of the Touns dewes
and rents to advance to him the haill money they presenthe have among
their hands upon his receipts . . . And for futm-e if his implojnnent requyi-e
more ordames the thesaurer to accept and pay thaiikfuUie such bills of
exchange as the said Wilham Thomsone sail happen to draw on him from
Londomi for the pubhct effairis of this brugh. . . .
tMinisters'
stipends and
Sacrament.]
I5th October 1652.
[Coimcil for 1652-3 : Provost, Archibald Tod ; Bailies, Hew Hamiltoun,
Robert Sandilands, Robert Murrey, Andrew Ramsey ; Dean of Gild, George
Suittie, [elder] ; Treasurer, Andrew Bryssone ; Council, John Byiuiie, James
EiUies John Jossie, John Marjoribankis Thomas Calderwood, David Wilkie,
Patrick Thomsone, WiUiam Wauchope, James Mastertoun, Alexander
Haliburtoun, John Meikle [tailor], John Milne [mason] ; Deacons, GObert
SommerveU, tailor, James Fairbairne, goldsmith, James Ker, skhmer, Adam
Thomsone, hammerman, James Broun, shoemaker, Alexander Cleghorne, wright ;
Extraordinary Deacons, James BaiUie, surgeon, Robert PargiUies, furrier, Thomas
Patersone, mason, George Sammell, baker, David Duncan, fiesher, James Foster,
weaver, Thomas Storie, waulker, Alexander MoRenley, bomietmaker.
Masters of the Trinity Hospital : Thomas Beg ; William Patersone, tailor.]
19<A. October 1652.
[The Council, extraordinary deacons and many neighbours being convened]
The Provest in name of tiie counsell reported to the nighboris that according
to their desyre the twentie aucht of September last the counsell had spoken
with the ministeris anent the modificatioun of their stipends and celebratioun
of the Sacrement and that the muoisteris wer content of the proffer of the
twa thowsand twa hunch-eth merkis be yeir for byganes and in tyme to
come so long as the Toun wer in this hard conditioim and that they would
graunt a discharge of the haiU new stipend upon the peyment of the old
quhiU it sould pleis God to inable the Toune to doe better And siklyk that
OF THE BURGH OF EDINBURGH 295
they wer cairfullie goeing about the way and nieins for celebratioun of the
Commuiiioun with all convenience.^
20th October 1652.
[The Council increase the monthly contribution for the cess by 300", making
it 2,400", to allow for deficiencies.
The sum of 1866" 19^ 4<i is to be sent to Glasgow as the voluntary contribution
made for the fire there.] ^
Appoyntis the baillie Hew Hammiltoun George Suittie dean of gild {."^^tefnlus'e.]
and Andro Bryssone thesaurer to wait upon the Chartour hous with James
Butter for ordoreing of the haill writtis therin quhilk are for the present
in great disorder and to attend thaii* day about fra morne to even with
the nieniberis of the counsell underwi'itten and to begin on Moonday
nixt. . . .
22nd October 1652.
[The CouncU having appointed a committee to enquire into the money due by
James Smyth, cloclvmaker to tlie Town and what they owe him and having
received their report] considering the mein concUtioun of the old aged man
and his long service to the good Toun ordaines tlie dean of gild to pay
to him ane hundreth pounds presentlie for this yearis pensioun in compliet
peyment of all bygane fies and discharges him of all begane mailUs . . .^
27th October 1652.
[Price and weight of bread : 12'i load of good wheat to weight 9 oz. 10 drops ;
12'' loaf of best masloch to weigh 12 oz. 6 drops ; 12^ loaf of second masloch
to weigh 15 oz. 7 drops.
Price of stone of tallow, 54^ ; stone of candles 3" 4^ ; pound of candles, 4^ 4<i.
Price of best ale, 20'^ the pint ; single ale, 10" the pint ; best beer and single
beer at similar prices.
The accounts of Thomas Leishman, treasurer for 1647-8, show a charge of
267,572" P 21 and a discharge of 265,247" 15^ 3". He is to pay the balance of
2,324" 5^ 11" to the present treasurer.]
29th October 1652.
[Daniel Love, servant of Judge Owen is to be made burgess gratis.]
' See p. 292 supra.
- See p. 289 supra. On 23rd October the magistrates of Glasgow ordered a letter of
thanks to be written to the magistrates of Edinburgli for their contribution (Olasgoiv Extracts,
p. 248).
^ Apparently appointed in 1607 (Records, 1604-26, p. 36).
296
EXTRACTS FROM THE RECORDS
drd November 1652.
[William Makwell, servant of James Wallace, vintner, is to be made burgess
gratis at the request of Colonel Overtoun.
James Alisone is elected baron baUie of Portsburgh quoad criminalia et civilia ;
Alexander Herroun and Richard Howiesone bailies quoad civilia.']
[Parliament
House.]
lOth November 1652.
Ordaines the thesaurer ... to prepaire office housis and chambers
for the Clerkis and uthers in the Parliament hous and to prepair the utter
lious for calling and to cleid the Conimissioneris seatt with cloath as formerlie
conforme to the Commissioneris desjre. . . .
[Site of tlie
Citadel.]
I2,th November 1652.
Appoynts James Alisone Alexander Haliburtoun and John Meikle to
meitt with Archibald Kincaid anent the valuatioun of the houses and
lands of the north syde of the bridge of Leith for tlie use of the Englishe . . .
and to remember the Touns entres for their superioritie of the samen. . . . ^
\lth November 1652.
[The Provost and James Eillies are elected commissioners to the convention
of Burghs to meet in the Town on 26th November. Gilbert Sommervell, David
WUkie and James Fairbairne are assessors and proxies.] ^
2Uh November 1652.
[The accounts of Gilbert Muire, collector of the merk per tun, for the year
1649-50, show a charge of 3,239" and a discharge of 1,9-49" 13^ 4". The balance
of 1,289" 6" 6'' is to be paid to the persons to whom it is assigned.
The treasurer Thomas Leishman is to pay to William Thomsone or by his
order 2,500 merks.
The accounts of WiUiam Denhame, one of the collectors of the stent and
mamtenance, imposed in 1649 and collected in 1G50, show a charge of 17,799" 18^
and a discharge of 17,530 " 19", including his fee. The balance of 268" 19'' has
been delivered to John Hilstoim, late treasurer.]
1 Probably for tlie building of the Citadel, though that was the latest of the forts to be
built and the matter was not taken up till later.
- See Records Convention Royal Burghs, iii. p. 365, which gives three commissioners for
Edinburgh. It dealt, among other matters, with the provision of eoal and candle for soldiers
quartered within burghs, to which the gentry of the shire offered to contribute, and with
the vacancy at the church at Campvere. No further convention is recorded till October 1653,
but the Council Records show that a General Convention met at Cupar in July 1653 (p. 317
infra) and was dissolved by order of the Commander-in-Chief.
OF THE BURGH OF EDINBURGH 297
26</i November 1652.
Compeird John Young beddell and producit a purple velvet cusheon (cushion and
and purple velvet cloth with a gold and silk frenyie quliilk hes bein Ln his tocouncu.j
custodie and keiping ther twa yeiris bygane and upward And ordaines
the thesaurer to provyde a pocke for the same and another new pocke for
the Pro vests blak velvet cuscheon and cloth.
Ordaines the thesaiirer ... to give lawfuU wairneing to William [Booth.]
CarmicheU skinner to remove fra that skinner buith occupyit be him and
pertening to the good Toun lyand under the new Tolbuith to the effect
Robert Trotter merchand may enter thairto as the Toun and he can agrie.
2^th November 1652.
[The Council with three of the ministers and in presence of some of the (Regent of
professors] elects M'' James Pillouns to be regent of philosophie ... in
place of M'' Anclro Suittie now vacand in their hands be deceis of the said
umqidiile M'' Andro Suittie . . . and that conforme to ane former act of
Counsell maid in favoris of the said M"" James Pillouns daittit the fyft
November i"" vi'^ fourtie seven. . . . ^
1st December 1652.
[The extraordinary deacons consent to the election of M' James Pillouns,
recorded above.]
Ordaines Thomas Fairholme thesam-er of the kirk sessiouns of this [Homings for
brugh to raise new letters of horning agains the deakens of the kirk sessiouns °°"' ^ '
and siclyk to raise new letters at the instance of the deakens agains the
inliabitants of this brugh and to put the samen to executioun if neid beis
for jjeyment of the annuities to the effect the ministeris may be payit of
their stipendis. . . .
3r(Z December 1652.
Appoyiitis the baillie Robert Mm-rey with Jolme Bynnie and Gilbert [Regent of
^ ^ •< •> ■' humanity.]
Sommervell to meitt with Sir Lues Stewart ^ Sir Joline Gumoiu- ^ and
M"" James Baird anent the electioun of a regent of humanitie in the Colledge
in place of M'' James Pillouns preferrd to be a Regent of Philosopliie. . . .
8th December 1652.
Ordains Thomas Fairholme thesaurer of the kirk sessiouns to pay the [Payment of
sex present ministeris servmg the cuu-e of this brugh equallie and pro- ""'"'' '^'
' See p. 134 supra.
* See Extracts, 1626-41, p. 1, for liis appointment as an assessor to the Town.
" Sir John Gilmour of Craigmillar, Lord President in 1661. See Brunton and Haig, p. 350.
298
EXTRACTS FROM THE RECORDS
portionallie with the first and reddiest of the aminitie that comes in his
hands. . . .
[The accounts of John Hilstoun, treasurer for 1648-9, show a charge of
79,118" 18" 71 and a discharge of 92,826" 16^ 9". The Council order the balance
of 13,707" 18^ 2'' to be repaid out of the readiest of the Town's means. Should
that not be forthcoming they bind themselves and theh successors to repay the
same at Whitsunday next with interest.
Robert Murray, bailie, reported on the money due to the late M"' John
Adamsone, principal of the College, who died on 11th December 1651.^ A
balance of 711" is to be paid to M' Andrew Muire, his son-m-law.]
[Provost and
others to
Dalkeith.]
Decrcit
Marteiii
Leitche
contra the
Magistratts of
Edinburgh.
lUh December 1652.
[The Council and extraordinary deacons] appoyntis the Provest Archibald
Tod and any ane or twa of the baillies with James Eillies Gilbert Sommervell
and James Fairbairne to goe up to Dalkeith the morne and salute Generall
Major Deanes quho is goeing up to Londoun. . . .
[As payment has not yet been made to George Suittie, James Rucheid,
Laurence Henderson, David Wilkie and James Eillies of 11,000 merks for buying
copper and repairing the Church at the Tron, the dean of gild is to use the arms
silver, the rents of the pews in the south and south-east parishes and the money
of the merk per tun, due by Gilbert Muire, collector, for that purpose and to
divide it equaUy between them or their assignees.]
Compeird Archibald Tod Provest and producit ane act obteind befoir
the King and Parhament at Sterhng upon the twentie ane Jiuiij i"" vi^
fyftie ane at the instance of Marten Leitche agains the Provest Baillies
and counsell for the tyme ^ quliilk the counsell ordaines to be registrat in
their counsell book qulierof the tennor followis Sterhng twentie ane Junij
\m vie fyftie ane The Kings Majestie and Committee of Estates haveing
read and considered the suppHcatioun gevin in to them be Martean Leitch
desyreing that he might have the orcUnarie coiu-se of justice be letters of
horneing and utherwayes against the Magistrats of Echnbiu-gh present and
to come ay and quhill he wer peyit of the soume of twelff thousand and
fyve hundreth merks with the amiuehent and expensis thairof borrowed
from him be the Magistratts and counsell of Edinburgh in the yeir of
God i™ vi'' fourtie eight yeirs And that they would take unto consideratioun
what hes bein alreadie done in that bussines be the Committee of Parhament
upon the twentie twa day of Junij i^ vi^ fyftie And the Committee haveing
red and considdered the report of the said Committee quhairof the tennor
foUoweth At Edinburgh the twentie twa day of Junij the yeir of God i'" vi"
fyftie yeirs Report from the Committee of Bills anent the supplicatioun
of Matrten Leitche contra the lait and present Magistratts of Edinbrugh
> See p. 276 supra. ^ See A.P.S. vi. (2), p. 634, and p. 150 stipra.
OF THE BURGH OF EDINBURGH 299
Forsaraeikle as thair being ane supijlicatioun gevin to the said Committee
be Maii'ten Leitche ane of liis Magisties Wairdi'op agains tlie present
Magistratts and counsell of Edinbrugli and agains these lait magistratts
and coiuisell thah'of siibscryvers of tlie band underwritten schewing that
in Maij i™ vi^ fom-tie eight tlie saids Magistratts then in place borrowed
from the suppUcant the sowme of twelff thowsand and fyve hundreth merks
Scottis quliilk be their band they obleist them and their successoris in their
place and offices to repay at Mertimes i™ vi*^ fom-tie eight yeirs with ane
termes amiuelrent with annuelrent thakeftk, diireing the not payment
and expensis conteind in the said band As the samen registratt in the buikes
of counsell upomi the twentie tlirid of November last proportis and in
reguard he had nether gotten peyment of the sowme nor could get letters
of horneing upon his band to chau-ge for peyinent thairof desyreing thairfor
that the Parliament would graunt letters of horneing upon liis registrat
band either against the present Magistratts and counsell of Edinbrugli
and their successors or against the subscryvers of liis band or against both
as the Parliament in reasone and equitie sould find most expedient as the
said supplicatioun more fuly proportis The said Committee upoun the
thretten day of Junij instant efter reading of the forsaid supplicatioun
ordained the saids Magistratts of EcUiibm-gh respective abone designed to
be citted to compeir and answer to the desyre of the foirsaid supplicatioun
Quhilk being accordinglie done and the pau-ties the sevinten day of Junij
instant called the supplicant conipeirtl personallie and producit lus said
registrat band and als compeird Robert Lockhart ane of the present baillies
of Edinburgh with M"" Andro Ker Toun clerk thairof and producit ane act
of the Commissioners of the General Assemblie of the twentie seventh day
of December i°i vi^ fourtie nyne yeii'is subscryved be the said M"" Andro Ker
their clerk in answeir to the questiones proponit to them be the present
Provest Baillies and coimsell of Edinburgh WJiither they sould in conscience
pay any pah-t of the fourtie thowsand punds borrowed be the Magistratts
and counsell of Edinburgh for the tynie for the lait unlawfull engadgment
togidder with ane act of the Toun counsell of the last of December i"" vie
fourtie nyne yeirs relaiteing to ane former ordom' of the counsell that some
of the Baillies and counsell wer apjioyntit to present ane petitione from
them to the Commissioners of the Generall Assemblie craveing then-
resolutione wliither they sould be frie of the foirsaid foiu'tie thowsand
punds As the foirsaid actis haveing the said petitione with the answer of
the Kirk insert thairmtill projiortis And alledgit that im-espect therof no
letters could be direct at the supphcants instance against the present
Magistratts for peyment of this sowme becaus it being a paht of the fourtie
thowsand iiunds borrowed be the Magistratts for the tyme for advanceing
300 EXTRACTS FROM THE RECORDS
of the laitt unla^^-full engadgment the present Magistratts cannot be halden
in peyment thairof "wathout sinfull acknowledgment Quliillvis his actis with
the defence forsaid gevin in writt tliairupoun for the jjresent Magistratts
war gevin up to Robert Fleyining sometyme baiihe of Edinburgh ane
of the Magistratts subscryveris of the foirsaid band quho for himselff and
remanent Magistratts subscrjrveris of the band reproduced to the saids
acts with ane answer in writt for the saids magistratts subscryvers of the
band whairfoir they could not be lyable in peyment of the foirsaid sownie
nor any charges direct against them for that effect for the reasones and
causis conteind in the paper producit for their defence Lykeas thaneftir
the samen answers with the acts foirsaids being geviia up to M'' George
NorveU advocat procurator for and in name of the present Magistratts
he upoim the nyneten day of Junij instant rejiroduced the same and
declaired he had not farder to answer for the present Magistratts but that
they desyred the supphcatioim actis and answers respective fohsaids hincinde
gevin in as is afoirsaid might be read and advysed in ojipen and jjlaine
Parliament Whilk desyre being taken into consideratioun be the Committee
they thoght that they would not represent the samen nor make any suche
report thairof to the Parhament without they did represent their awine
opinioun anent the premisis seing their commissioun and warrand from
Parhament ordained them swa to doe and hehupoun the said Committee
haveing red and at lenth considderit and advysed the foirsaid supplicatioun
[and] desyre thairof [and the] band quliahupoun the same is foundit togidder
with the foirsaid actis produced for the present Magistratts of Edinburgh
with the defensis proponit for them thairupoun togidder with the answers
be way of defens gevin in and produced for the Magisti-atts of Edinburgh
for the tyme subscryvers of the said band They find that the foirsaid band
is onhe grauntit be the Provest Baillies dean of gild and thesaurer of
Edinburgh and remanent counsell and deakens of craftis thairof for tham-
selfiFs and as representmg the haill bodies and communitie of the said brugh
graunting the borrowing and recept of tlie foirsaid sowme of twelff thowsand
and fyve hundreth merks to be imployed in the commoun affaires of the
said burgh coioforme to the act of the counsell thairof of the twelff of Maij
im vie fourtie eight yeiris and obleishing thame for thameselffis and represent-
ing the haill bodie and communitie of the said brugh and their successors
succeiding to thame in their offices and places to pay the foirsaid sowme
to the supplicant -ndthout any mentioiuie that the subscryvers of the band
are ather bund conjuncthe and severaUie or that they have bund their
aires or executors for peyment of the said sowme As also finds that it is
and hes beine the constant custome observed hiertofoir in raiseing of letters
and charges upoun bands graimtit be Magistratts of brughs royall for
OF THE BURGH OF EDINBURGH 301
thameseffis and as representing the boclie and communitie of their brughes
that the samen letters bemg sought when these Magistratts subscryvers
of the bands were out of office wer ever purchest be delyverance of the
lordis of Sessioun for chargeing of the succeiding Magistratts being in
present office and charge and their successors in their places and offices
for payment to the creditor of the sowmes specifeit in the bands grauntit
and subscr3rved be tlie preceiding Magistrats and that no letters nor charges
wer ever sought and grauntit agamst the Magistratts subscryvers of the
band for the tyme eftir they wer out of their offices and places the sowme
charged for being the conimoun debt of the towne for the quhilk tlie touns
meanes and estaite is only lyable And als finds that be the foirsaid band
producit the haill counsell and deakens of craftis of the graunting thairof
are als vahdlie bund as the Magistratts sieing the Toun Clerk subscrjrves
for the counsell and deakens of craftis and the Magistratts subscryves for
theme selffis onlie and yett no lettres nor charges can be craved against
the remanent counsell and deakens of craftis there names not being exprest
in the band and swa thair aught no letters nor executioun to pas against the
saids Magistratts being out of their offices and who wer onlie subscryvers
of the said band with the remanent counsell for the tyme As lykwayes
finds that as no letters nor executioun can be direct upoun any bands
grauntit in favores of any brughis royall in the name of their Magistratts
for the tyme of the graunting of these bands in the name and at the instance
of the Magistratts efter they are out of office but onlie in name and at the
instance of the present Magistratts and their successors swa in equitie and
for that same cause there can be no letters nor executioune direct nor used
against the Magistratts subscryvers of bands for the touns debt efter they
are out of their offices and places as said is Uporni the consideratioun of
the quhilks premisis it is the humble opinioun of the Committee that the
Parhament wold ordaine letters of horning to be grauntit and direct upoun
the foirsaid registrat band produced at the instance of the supplicant
against the present Magistratts and counsell of Edinbiu-gh and these qulio
hierefter sail succeid to them for peyment making to the supplicant of the
sowmes abonewrittin principall and annuelrents and expensis conteind
in the foirsaid registratt band conforme to the tennor thairof and that
notwithstanding of the twa actis producit for the present Magistratts and
of the defensis foundit therupoun for their liberatioun for peyment of the
said sowme Because the Committee in their humble opinioun thinks that
the present Magistratts their peyment of the sowme conteind in the foirsaid
band for receiving of the Toun and obedience of the charge to be gevein
upoun the band doeth noewayis import their acknowledgment of the
lawfuhaes of the sinfuU ingadgment no more then quhen any man satisfies
302 EXTRACTS FROM THE RECORDS
the decreit of ane judge be peyment of the sowme therm mentioned can be
thoght to acknowledge the justnes of the decreit or quhen ane air payes
his fathers debt upoun decreit obteind against liim as air does thairby
acknowledge that the debt wes lawfulHe contracted or imployed for ane
just cause Speciallie sieing that the band beires that the sowme wes imployed
for the commoun affaires of the Towne and quhat ever opinion the Com-
missioun of the Kirk hes gevin in the foirsaid particular contraverted that
does not alter the force of the civill obligatioun and without doubt their
intentioun onhe wes that the present Magistratts sould doe noe act to
acknawledge the lawfulnes of the unlawful! engadgement quhilk in no sort
they doe quhen they satisfie the sowme conteind in a registratt band quhilk
is a standing sentence and in obedience of the cliarge to be raised therupoun
against them as said [is] Lykeas the Commissioun of the Kirk in the act
and answer fonsaid hes declaired that the samen is not to be understood
as if they thereby meaned to obstruct any just or legall jjersuite that the
creditors may have against the persones debtors quho wer instrumentall
and active in borrowing of the said sowme And it is the opinionn of the
Committee that letters and charges be direct at the supplicants instance
against the present Magistratts for his peyment is both just and legall
upoun his registratt band producit conforme to the lawes and custome
observed in this kingdome And the Kings majestie and Committee haveing
also sein a reference of Parliament of the threttie of December i™ vie fyftie
yeiris remitting their consideratioun of the report abonewTitten to the
Committee of Estaites with power to them to determine and being weill
advysed with the said bill report and reference doe approve the report
abonewritten and accordinglie doe ordayne letters of horning to be direct
upoun the foirsaid band at the instance of the said Man-ten Leitche against
the present Magistratts and counsell of Edinbrugh and these quho sail
hierefttr succeid to them for the tyme being for i^eyment making to him
of the sowme abonewritten of twelflf thowsand and fyve hundreth merks
with the annuelrent and expensis conteind in the said band conforme to
the tennor thairof. . . .
22nd December 1652.
[The accounts of George Jarden, treasurer to the Kirk sessions, of the annuity
show a charge of 3,795" 17^ 9" and a discharge of 3,733" 6^ S".]
24<7i December 1652.
[The CouncU and extraordinary deacons set in tack to M' George Buchanan,
son of Thomas Buchanan of Sound, Orkney, and James Barkie of Tankernes,
Orkney, all the lands and rents of the Bishopric of Orkney, except the great
lodging in Kirkwall set to the Earl of Morton, for five years for a yearly duty of
9,40U merks.]
OF THE BURGH OF EDINBURGH 303
Slst December 1652.
Appovi^tis John Byimie and James Fairbairne to goe to the Colledge [Regent of
Huuianitv I
on Moonday nixt and the deyis following appoyntit to heh the lessones and
disputes of the students quho are to give in their assayis to be regent of
humanitie in the Colledge and ordaines commissioun to be ex23ed to them
for votteing and electeing of a regent of humanitie coixforme to the agriement
made betwix the lords of Sessioun writeris to the signet and Toun of
Edinburgh for the Touns part thahof . . . ^
5th January 1653.
Appoyntis James Eillies Johne Marjoribankis and James Broun to goe [Leith
[to] Restalrig in Sunday eftirnoone with thes appoynted be the Presbytrie
to heir M"" Johne Hodge preache qulio is called [be] the parosliiners of South
Leith to be minister of South Leith. . . .
12th January 1653.
Takuig to their consideratioun the suppUcatioun presented to them be [Act for
M'' Patrick Hendersone showing that now be the space of fourtie twa yen-is Henderson.]
and upward he had served the counsell in his publiot charge ^ and m the
Kirk Sessiouns and in keiping of the registers of baptisme and mariage
quhich places could not be discharged without continuall attendance greit
paines and trouble notwithstanding he had constantlie indevoired tlu'ew
the grace of God assisting him to behave himselff in Ms statioun faithfullie
dihgenthe and conscientiouslie having tliis confortable testinionie within
him that the counsel! and all good nighboris of the Toun had bein witnesis
to his cariage And that now sieing thair is twa yeirs stipend and mair dew
to him bypast at Lambes last quhich in thes hard tymes cannot possibhe
be Weill affoarded to lum be the counsell for his present sustenance as also
that the counsell had not any before him quho had served them so long
in thes places with greatter zeal and approbatioun Humblie thekfore
desyreing that the counsell would be jileased m recompence of his long and
faithfuU services quherin now his lyfe is weill neir spent to tak into their
favorable consideratioun how he mey best be supplied for byganes and
tyme comeing and so farr to regahd his paines and honest indevoires as
to put some marke of favour upoun him quhich he humbUe conceived
might be done and ordored in ane easie and in sensible maner so that noe
^ See p. 297 supra.
" Henderson was appointed reader, precentor and master of the Song School in 1609
(Extracts, 1604-26, p. 50). He also was bound to take over the care of the baptism and
marriage books when the existing keeper should give up. In 1616 he was granted a salary
of 3001i.
304 EXTRACTS FROM THE RECORDS
prejudice soiild therby redound to the publict good nor offence given to any
nor a preparative to be maid to otliers to expect or crave the lyk eftir his
removeall at Gods pleasiu'C As at mail' lenth is conteind in the said suppUca-
tioun The counsell . . . have agried iinanimousUe that the said M'' Patrick
Hendersone sail have present peyment of the soiune of sex hundreth thrie-
scoir fyften jDund money as the equall halfe of his twa yeiris fiall and ordaines
the Toun thesaurer to pay to him the sowme of tlu"ie hundreth threttie
seven pund ten shilling therof and David Aikenheid collector to pay to
him uther thrie hundreth threttie seven pund ten shilling . . . And for
tjrmes to come in recompence of his long good and faithfull bygane service
and in compensatioun of liis yeirlie fiall payable to him be the Toiin thesaurers
of this brugli allanerlie the counsell doe hierby give and graimt to the said
M"" Patrick Hendersone allanerhe duremg all the dayis of his lyftyme to
exact the pecuniall somnes under\^Titten of everie bajjtisme and mariege
viz. twelff shilhngs Scottis money of everie baptisme qidios parents are of
memer degree not exceiding twentie fom' shilling money forsaid to be
exacted of the highest and twentie shilUng money forsaid of everie mariege
not exceiding threttie shilling at most . . . and that this present gift of
exactioiin sail be no example nor preparative to any other persone succeid-
ing to liim . . . bot upon siich termes and conditiouns as the counsell and
they can agrie.
llth January 1653.
Place Primar [The Council and extraordinary deacons with five of the ministers being
vacand.*^ convened] Forsamekle as be act of coimsell of the twentie tlu-ie of Aprill
jm vie fyftie twa the Provest Baillies and counsell for the tyme eftir some
debeat with the ministrie anent the listing and electioun of the Primar to
the Colledge did nominat and elect M^ WiUiam Colvin thair lait minister
to be Primar of the Colledge of this brugh in place of umquhile M'' Jolme
Adamsone laithe deceisd . . . and sieing thair lies beine cUvers obstructiouns
to his admissioun and that the Judge hes bein labouring and interceiding
for the electioun and admissioun of another to the said place The counsell
for the tyme j)asses fra the forsaid nominatiomi and electioun of the said
M"" William Colvin and declares the place vacand to the effect another may
be chosen therin in obedience to the Judge desyre and without any disrespect
or exceptioun agains the persone and qualificatioun of the said M'' William
Colvin haveing his testimonie of the ministrie present that they would be
heartihe weill content with him if it sould pleis God to open a door to him
for liis entrie to the call.^
' See p. 283 supra for liis acceptance. Nothing seems to be known of the reason for this
new election.
OF THE BURGH OF EDINBURGH 305
Elects . . . M'' Robert Lightoun minister at Newbottle to be Principal!
of the Colledge of tliis brugh. . . .
It is to be remembered that the Provest craveing the votes of the
ministers anent the electioiin of M"" Robert Lightoixn Primar it halted
there a tyme wishing they had not bein calld to the electioun and
showing that albeit they wer weill content with the man _yet they could
not give then- voices to the electioun becaus they wer not cleii" in the maner
of the call and desyi'ed to be markit onhe present and non loquents in the
voiceing.
20th January 1653.
Appoyntis the thesaurer Andro Bryssone and James Ker to goe to ^^jY^!j|'|°°,,g
Newbottle to call M'' Robert Lightoun to the place and office of Primar of Principal.]
the CoUedge . . . and to deliver to liim a missive direct to him fra the
counsell to that effect. . . .
3lst January 1653.
[A committee is appomted] to consult with the Toiins assessors anent [Canougate
the bussines of the craftis of the Canogait. ...
2nd February 1653.
Graunts testificat under the seal of caus and subscriptioun of their [J'^j^^*'^™"^?'
commovm clerk testifieing that James EiUies James and Richard Weirs
and M'' Thomas Lumsden factoris at Campheir as Scottismen factoris at
Camioheir for the service of the Bmrowis of the land and subject to the
lawis of Scotland and residenteris alsmuch heir as thair to the effect they
may have their recourse to the Parhament of the Commonwealth of England
for repetitiouns of the Spanishe wool! taken from them be the English and
lyand in Yearmouth and Plammouth. . . . ^
4:th February 1653.
Ordaines Johne Reid collector of the rents of the seatts of the [north- [Scats of North-
west parish] kirk with advyse of the baillie of the quarter and dean of gild
to disjjose upon the seats of the said khk to the best advantage and dis-
charges any possessor to have .seatte than- bot thes qidio peyis pleasantUe
and tymoushe. . . .
[Sir John Hope of CraighaU, knight, one of the Commissioners for Administra-
tion of Justice to the People of Scotland, has donated 1,000" to the College.
^ See p. 291 supra.
TJ
306
EXTRACTS FROM THE RECORDS
Baillies dis-
charged
infefting with-
out payment
of bygane
stents.
tCouncU of
Correction
House.]
Mure payment
or prisone.
Letters release
miuisteris
Londoim.
The interest thereof is to be used for the support of a bursar of divinity or any
other student at the option of the said Sir John.] ^
Wi February 1653.
Forsamekle as be act of counsel! of the last of Sej^tember i™ vi^ fourtie
sex the Provest baillies and connseU for the tyine did statute and ordaine
that nane of the baillies of this brugh present nor to come nor their Clerk
sail pas with any pairtie to give infeftment of any landis quhiU they try
quhat stentis or ground annuells or uther soumes ar payable fui'th therof
to the good Toun and the saids stentis annuelrents and uther soumes fimd
restand be payit befon the infeftmeiits be given and to be comptable for
their intromissioun and the baillie and Clerk transgressing to be lyable in
peyment therof themselffis Tlie counsell hierby ratifies the forsaid act
and ordaines the baillies to follow the forsaid order and to accept of no
band tickett or uther securitie fra any parite quliatsumever for peyment of
such rests without the speciall advyce and consent of the counsell obteind
to that effect and incaice of failyie to be comptable for jDeyment therof for
themselffis and extendis the act [for] Leith and Canogait.^
nth Febnmry 1653.
Electis to be of tlie counsell of the correctioun lious for the yeir to come
the persones under«Titten conforme to the fundamentall iiistitutioun
therof [viz : five merchants, three craftsmen and six members of the kirk
sessions, aU merchants].
I6th February 1653.
Ordaines Gilbert Mure collector of the merk of the tun to pay in the
supplus of his accompts to the counsell betwix and this day aught deyis
at the forthest being twelff hundi'eth punds scots money or thau'by and
incaice of failyie ordaines the baiUies to put him in prisone quiiill he pey the
same. . . .
Compeird Archibald Tod and shew to the counsell that the ministers
of this brugh had desyred that the counsell would be pleased to wrytt
letteres to Generall Cromwell and Colonell Fenwicke for the reliefe of our
ministers prisoneris at Londoun The counsell agries therto and ordaines
the Provest and baillies to subscryve the same. . . . ^
1 There is a marginal note to the effect that the gift was diverted to the use of the poor
on 25th February of the same year.
^ See p. 103 supra.
' See pp. 264, 274 supra. But on 11th February Mr Robert Douglas and Mr James
Hamilton, prisoners in the Tower, had been discharged by the Council of State and allowed
to return to Scotland on promising to live peaceably. Mr Jolin Smith also had a similar
liberty (Scotland and the Commonwealth, p. 193). A letter from Colonel Lilburne to Cromwell
on 11th August shows that Mr Robert Douglas was proving " refractory."
OF THE BURGH OF EDINBURGH 307
[M'' James Logane, clerk of the Canongate, gave bond to John Stewart, late
clerk there, to pay him 1,000 merks yearly, by his act dated 13th October 1649,
and the Council, by their act of 7th December 1649, allowed to the said M' James
1,000 merks out of any new augmentation of the rental of the Canongate. The
bond was suspended for a time and then submitted to the Commissioners for the
administration of justice in Scotland for an agreement to be made between
M'' James Logane and John Stewart. The Commissioners concluded that
M"' James should pay to John Stewart 1800 merks in full satisfaction of the bond.
Because he has renounced all benefit from the Council's act, the latter order the
treasurer of the Canongate to pay to him the said sum of 1,800 merks by three
instalments.] ^
23rd February 1653.
Forsamekle as be act of counsell the twentie thrie of April i™ vi" fyftie [Payment to
twa the counsell made choyce of M"" William Colvin (in liis absence) to be coivuie.]
Principall of the Colledge of Edinburgh and directed missive letters to
Holland qulier he was for the tynie inviteing him to the call qixherunto he
gave obedience with much travell and expensis and sieing be actis of the
sevinten of Januar last the counsell ar disappoynted of their intentioun
and the said M"" William of his call and benefite therof . . . finding it
necessarie and incumbent to them to requyt the said M"" William with some
sort of reoompence for his extraordinarie paines travell and expence in
Ins translatioun and attendance forsaid [order the College treasurer to pay
him the stipend vacant for the year smce the death of M'' John Adamsone,
last principal.] -
Ordaines the Provest baillies dean of gild thesaurer and gild counsell [Burgess at
® " rrquest of
to admitt and resave M"" Robert Jessis merchand to be burges and gild- L^romweu.]
brother of this brugh in communi forma frielie at the requeist of his Excellence
Generall Cromwell be missive. . . .
Taking to their consideratioun the present conditioun of M^ Robert [Macer]
Levingstoun bearer of the Mace quho hes bein disappoyntit of his service
and fialls tliis tyme bygane tlu-ew the iniquitie therof and sieing he hes
no other mein of lyfe and beeing in subsist Albeit the counsell hes not the
use of the carieing of the Mace for the tyme nevirtheles they agrie that he
sail have the peyment of his fiall of twa hunder pund be yeir for tyme to
come.
25th February 1653.
Forsamekle as the thesaurer . . . hes debursit the particular soumes of [Payments by
money underwritten be ordour of the counsell viz ane hunder pund sterling allowed.]
to William Thomsone Clerk and his ordor conforme to his bill and recept
the sourae of tlu'ie hundreth pundis scots to Colonell Andrew Milne and
1 End of 17th volume of the Council Register.
- See p. 304 supra. Adamson had been dead more than a year.
308
EXTRACTS FROM THE RECORDS
ane hunder merks to Mester Williamsone for the Touns motta cutt on a
large broad [these sums are to be allowed in his accoimts.
[Donation for Sir John Hope of Craighall, having donated 1,000 merks towards the
to poory^'^^** mamtenanee of a student in the College] out of his charitable and pious
affectioun to the poor is desyrous rather to have the annuelrent of the
said sownie convertat for the yeirlie maintenance of some decayed inhabitant
quhom he or his aires sail appoynt and nominat. [The Council agree and
give order to the treasurer accordingly.] ^
[Committee
witli
ministers.]
[Repair of
College
Clmrcli.]
[Regent of
Humanity.]
9th March 1653.
[Two bailies and five others are appointed] to be a committee to meitt
with the ministers of tliis brugh anent such particulars as concerne the
good of kirk and cittie. . . .
[A contract is made with John Scott, master wright, for repairing the
College Kirk for the sum of 215"] and declaires that tliis is all the nighbours
of the paroshe requ3Ted to be done and that they offerd to repair the rest
of the ku-k themselfis mider the quhich provisioun the agriement is
made. . . . ^
nth March 1653.
[Presentation of new regent of humanity] At Edinburgh the nynt day of
Marche i™ vi*^ fyftie tlirie yeirs Quheras it is and alwayis hath bein in the
power of the Toun of Edinbiu-gh and of the CoUedge of Justice to nominatt
elect and present a quahfied persone quhom they sould approve ... to
su])plie and discharge the place of a regent of hiunanitie witlim the Colledge
of Edinburgh . . . and the place of a regent of himianitie being presentlie
vacand and the Commissioners for admmistratioun of Justice to the people
of Scotland (quho ar now come in jjlace of the lait lords of Sessioun qidio
also had their voice in the said electioun) haveing ah-eddie testified their
pleasure and assent that M"' Johne Wi.shart sone lawfidl to M"" Gilbert
Wishart minister sould be electit to discharge the foirsaid place of regent
of humanitie within the said Colledge Thairfor we Patrik Thomsone merchand
burges of the brugh of Edinburgh and James Faubairne deaken of the
goldsmiths thairof as commissioners for the said good Toun of Eduiburgh
and M"" Andro GOmair advocate as commissioner for the advocatts and
M'' William Hendersone wrytter to the Signet as commissioner for the
Clerks and wrytters members of the said CoUedge of Justice conforme to
our respective commissioun formerUe producit Being credibhe informed
of the sufficiencie of the said M"" John Wishart to exerce the forsaid place
' See p. 305 supra.
^ See NicoU's Diary, p. 35, where it is stated tliat the English army in November 1650
stripped of their woodwork the College, Greyfriars' and Lady Yester's Churches.
OF THE BURGH OF EDINBURGH 309
and haveiiig heard and approven the publict tryell of his literature and
quahlicatioun for the said place ^ we have elected nominate and presented
and be thir presents elect nominat and preysent the said M'' John Wishart
to be regent of humanitie within the said CoUedge of EcUnbiirgh in the
samen forme and imder the samen conditiouns as other regents of humanitie
his predecessors wer presented to the said place of befor quhen the samen
did vaik And we be tliir presents gramit to liun the said place of ane Regent
of humanitie m the forsaid Colledge with all ties casualities and dewties
belonging thairto siklyk and alsfriehe in all respectis and [upoun] the
samen conditiouns as uthers Ms predicessors in the said place did bruike
and exerce the said place of befoir In witnes quhairof we have subscrivit
thir presentis with om- handis day yen' and place respective forsaids befoir
thir witnesis M^ Alexander Spottswood wTytter in Edinburgh Walter
Stewart and James Butter WTytters there Sic subscribitur Patrick Thomsone
Ja. Fairbairne M"" A. Gilmoix M'' W. Hendersone M"" A. Si^ottswood witnes
J. Flether witnes Wa. Stewart witnes James Butter witnes.^
[Robert Robertsone, merchant, is to be admitted burgess and gildbrother
gratis and his arms silver and other dues are dispensed with, because of good
service done to the Town in the past] uirespect of the relatioun he had to
the said friedome be Ms first wyfe neglectit. . . .
Uth March 1653.
[A committee is appointed to meet with those who were elders of the khk
in 1649 and 1650 and to find a way to coUect the annuities of these two years,
for payment of the ministers' stipends.]
Appoynts the committee of the mghbours of this brugli to impose a [Coai and
collectioun for coall and candle to the gairds for the moneths of November guard"] °'
and December last sieing thair hes bein no impositioun sen Apryll i"" vi"
fyftie twa. . . . ^
18«A March 1653.
[John Gilbert is discharged from Ms office of depute clerk of Leith.] *
23rc? March 1653.
[M"- Richard Warde, Clerk of the BiUs, M"' Thomas Frieman, one of the
keepers of the Registers and Alexander BeU, servant of M"' Warde, are to be
received burgesses and gild bretMen.]
1 See p. 303 supra.
^ This is the first recorded instance of the terms of the presentation being given in full.
' This committee is explained by the end of the act of 6th April on pp. 310-12 infra.
* See p. 285 supra.
V2
Committee.
310 EXTRACTS FROM THE RECORDS
25th March 1653.
[Michael MaiU, mercliant in Dieppe, is to be burgess and gildbrother gratis]
and this becaiis of the smgular respect quliilk the counseU caries towards
hiniselff and his worthie father yet on lyfe speciaU freinds to Scottsuien in
France.
[Harry Duncan, merchant, is to be received burgess and gUdbrother for
payment of the old dues paid in 1641] in resiDect he wes admitted burges
the said yeir in communi forma and cannot be made gildbrother be that
ryght of burgeship. . . . ^
30th March 1653.
[M' Robert Lightoun appeared and accepted the office of Principal of the
College. He is to be received burgess and gUdbrother gratis.]
6th April 1653.
[WiUiam Jaffrey, bookbmder, is to be aUowed a shop beside the Tron church
to be buUt at his expense. He is to possess it for eleven years and pay 9" a
year rent.
The proclamation as to vagabonds is renewed.]
Eatiflcatioun Forsamekle as the moneth of October i™ vi'^ fyftie eftir that fearfull
defeat of our Armie at Diuubar tlie few iiandfuU of the nighbors than
present in Toun being in a most dangerous conditioim and finding themselfis
deserted of their Magistratts and miniesteris and greattest part of the
nighbors and that thair wes ane necessitie lyand upoun them to have some
pubhct face of governement within the said brugh to be instrumental! for
the saftie and preservatioun of the remainder of the Cittie from utter ruine
and to keip some sort of coiTespondence with the Engleish Armie then
quartered within brugh did convein among themselfis and mianimoushe
agrie to make choyce of a committee of the nighbors to that effect ^ Lykeas
they did elect a certane number of the nighbors as the representative of the
Toun for the tyme qidiois names ar underwTitten viz. Arcliibald Tod George
Suittie Andro Sympsone Johne Pearsone James Loche James Alisone
James Nairne Robert Robiesone Cieorge Wauchope WilHam Sympsone
David M'Gill WiUiam Shaw William Wauchope James Mestertoun James
Carmichaell Robert Glen Thomas Gihnoir merchands Gilbert M^cleUan
' Probably the Harry Diincan, servant of Sir Robert Gordon, made burgess at the time
of Charles I's visit to Edinburgh in 1641. The King's household staff all were admitted to
the freedom, the nobles as burgess and gildbrother, and the others as burgess.
' The obvious place for this act would seem to have been 4th December 1651, where a
blank was left for the accoimt of the " vacance " of the Council (p. 262 supra and note). The
narrative by Nicoll {Diary, p. 66) gives no account of the fonuation of this committee, but
states that the Town was tlestitute of any government. The Register of Decreets of the
Burgh Court (vol., 1650-4) is evidence that the committee did function in cases wliich
normally would have been submitted to the bailies.
OF THE BURGH OF EDINBURGH 311
skinner Mitchell C4ibsone tailyeour David Dowglas chiriirgian James Broun
cordiner WiUiam Hntchiesone skinner James Fentoun tailyeour John
PoUok cordiner Alexande